URMILA DEVI Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is a criminal writ petition under Articles 226/227 of the Constitution of India for the issuance of an appropriate writ, order or direction to respondents No. 1 and 2 to register a case against respondents No. 4 to 7 on the facts stated in the writ petition.

(2.) THE petitioner Urmila Devi, who is a minor girl of about 14 years of age, is resident of village Dhorang, Tehsil Radaur, District Yamuna Nagar. It is stated that in the month of June 1994, Jaswant Singh and Kanwar Pal, respondents No. 3 and 4 respectively, came to her house. They mixed up something in the tea and gave it to her. After taking the tea the girl is stated to have lost her consciousness and when she came to her senses, she came to know that she had been raped by respondents No. 3 and 4. Thereafter she got pregnant and she was got aborted in Rama Nursing Home, Radaur. During all this period, being a Harijan girl, she is stated to be under the threat of respondents No. 3 to 5 and, therefore, she could not inform her parents because it was told that if she informed anybody, she would be killed and even false cases would be lodged against her parents. It is further stated in the petition that respondents No. 3 to 7, are politically influential and financially sound persons and FIR No. 16 dated 9.3.1995 could be lodged only after great struggle, under Sections 376, 316, 506 and 120-B of Indian Penal Code against respondents No. 3 to 7 who had been continuously harassing the family of the petitioner and were responsible for raping the minor girl and having her abortion done in the said Nursing Home. The petitioner was examined in the Civil Hospital in pursuance to the above said FIR on 12.3.1995 and the doctor opined as under:-

(3.) TO this writ petition, separate reply has been filed on behalf of respondents No. 1 and 2. Respondents No. 4 to 6 have filed reply today in court, which is taken on record.