SOM DUTT KALIA Vs. STATE OF H.P.

JUDGEMENT

(1.) THIS petition under Section 482 Cr.P.C. read with Article 227 of the Constitution of India, is directed against the framing of charges against the petitioner- accused by the Special Judge (Sessions Judge, Una), District Una, H.P. under Section 376 read with Section 3(1) (xii) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred 1 Whether the reporters of the local papers may be allowed to see the Judgment? to as the Act) and in the alternative the charge under Section 3(2) (v) of the Act.

(2.) THE brief facts giving rising to the dispute are that according to the prosecution on 31.1.2006 a written complaint was filed by the prosecutrix in which it is alleged that she is a member of the Schedule Caste belonging to Kurjana village in Bihar. She stated that she was married by her parents to one person, namely Ashok from whom her parents had taken some money. Her husband resided at Ballabgarh. He used to beat her. The prosecutrix ran away from Ballabgarh and reached Delhi Railway Station where she met Rama Kalia, wife of the petitioner. Rama Kalia took her home and thereafter she was taken to Gorakhpur where the petitioner then resided. According to the prosecutrix, Som Dutt Kalia repeatedly raped her. He also threatened her that he would kill her in case she disclosed this fact to any person. She remained in Gorakhpur for about six years. She further states that she was always locked in the house at Gorakhpur and was never allowed to meet anybody. She also alleges that from Gorakhpur, she was brought to Delhi where she stayed for about 25 days and thereafter, she was taken to Amb, District Una, H.P. where again she was repeatedly raped and kept in a locked house. In this complaint it is stated that she was saved by her neighbour Shiv Dev and his wife (Pushpjit Kaur) and thereafter the complaint was filed.

(3.) I have heard Mr. R.L. Sood, Senior Advocate, for the petitioner. Mr. Sood has drawn my attention to report No. 18 recorded in the Roznamcha of 28th December, 2005. According to this report when ASI Prakash Chand was on his motor cycle for patrolling duty and was crossing the Amb bazar, he came to know that some person living in rented accommodation at Una road, Amb want to take his luggage from there, but the owner of the house was arguing with him with regard to the payment of rent. He went to the spot and found that Shiv Dev Singh, the owner, and one lady (wife of the tenant), presumably, Rama Kalia, had gone to the office of the SDPO. There Rama Kalia is alleged to have informed the police that Kumari Sarita met her at New Delhi Railway Station and was married to Ashok of Ballabgarh. He used to beat her and she ran away and has been living with the petitioner, Som Dutt Kalia for about 8 to 10 years. The petitioner is the General Secretary of Bahujan Samaj Party. In the month of November he started residing there with the prosecutrix. Later his wife, Rama Kalia joined him. He used to treat Sarita like his daughter. About 15- 20 days back Som Dutt left the prosecutrix in this quarter and returned to Delhi. He had asked Shiv Dev Singh to look after the prosecutrix. The prosecutrix did not want to live with Som Dutt at Delhi because, according to her, there is something which has happened between her and Som Dutt which she does not want to disclose to anybody and would disclose the true facts only in the presence of Som Dutt. Thereafter Rama Kalia was asked to produce Som Dutt on 3rd January, 2006 before the Police Station.