PRAHLAD SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) A practicing advocate of this court has, by filing this PIL, invited attention of the court towards an unfortunate and shocking incident, which took place at Sikar, in the intervening night of 10th and 11th of Sept., 2015. The allegation is that when a minor girl aged about 5 years was sleeping with her mother near Kalyan Circle at Sikar, she was abducted by someone and thereafter subjected to rape and thrown in garbage. The mother earns livelihood by selling crockery items at different places at Udaipurwati in district Jhunjhunu. She had gone to Jeen Mata, a religious place near Sikar, for selling vessels and thereafter returned to Sikar. She slept along-with her children outside the railway station. When she woke up at around 2-2.30 AM in the night, she did not find her daughter aged about 5 years. She immediately approached nearby police outpost at Kalyan Circle and complained about the same but no heed was paid to her prayer. Then she went to police station Kotwali, Sikar, but there also complaint was not registered. She was then driven to Police Station Mahila Thana, but the FIR was not lodged there as well and she was asked to trace out the child on her own. The helpless mother herself went in search of her minor girl child and on following day at 7.00 AM, she found her in shrubs of a dirty pit near railway station in unconscious condition. The girl child was profusely bleeding from her genitals. The mother immediately took her to hospital. Further allegation is that even in hospital, two doctors and one male nurse, did not attend her because no first information report was registered. This incident was widely reported in media.

(2.) It appears that the FIR was registered at the instance of mother of victim later in the day on 11.03.2015. The Superintendent of Police, Sikar, himself inspected the place of incident and gave necessary directions to the Investigating Officer, who also inspected the place of incident and prepared a site plan and also recorded the statement of complainant under Sec. 161 of the Code Criminal Procedure (for short, 'the Cr.P.C.'). The Forensic Team also inspected the place of incident on 11.09.2015. The Investigating Officer collected the medical report of the victim and recorded the statement of treating doctors on 12.09.2015. Two persons named in the FIR were interrogated on 11.09.2015, but they denied having committed rape upon the victim girl. Investigating Officer obtained the video footage of suspected persons. A reward of Rs. 5000.00 was also announced for those, who inform about the accused. Ultimately, the team headed by the Additional Superintendent of Police, Sikar, Station House Officers, Ranoli and Dadiya were sent to Bikaner and the police team arrested a youth named Pawan Kumar Vishnoi S/o Manphool Vishnoi, from Bikaner, on 16.09.2015. Charge-sheet against him was filed for offence under Sections 363, 366(A), 376(2)(I) of the Indian Penal Code (for short, 'the IPC') and Sections 5(i)(m) and 6 of the Protection of Children from Sexual Offences Act, 2012 (for short, 'the Act of 2012'). The victim was referred to J.K. Loan Hospital, Jaipur, where she was subjected to multiple number of surgeries to save her life.

(3.) When the matter was listed before this court on 15.10.2015, reliance was placed on earlier Division Bench judgment of this court in Suo Motu Vs. State of Rajasthan - 2007 (2) WLC (Raj.) 584. Learned Advocate General was directed to seek instructions in the matter and inform the court as to what steps have been taken by the State to comply with the directions enumerated in paragraph 14 of the judgment, supra. Learned Advocate General has informed the court that the trial against him is nearing completion and the matter is fixed tomorrow i.e. 09.12.2015 for final argument. Learned Advocate General has filed written submission in this behalf, and submitted that the Superintendent of Police, Sikar, has prima facie found negligence of Shri Laxman Singh, Sub Inspector of Police, who was In-charge of Police Outpost Kalyan Circle, Shri Deepak Yadav, Sub Inspector, Police Kotwali, Sikar, Shri Rakesh Kumar, Constable No. 782, Police Outpost Kalyan Circle, Sikar, in discharge of their duties and they were placed under suspension by orders dated 11.09.2015 and 12.09.2015. The Superintendent of Police, Sikar, ordered a preliminary enquiry into the matter and appointed the Deputy Superintendent of Police, Circle Sikar City, as preliminary enquiry officer vide order dated 11.09.2015, who in his report, apart from those three officials, also found Shri Prabhu Dayal, Sub Inspector, Police Kotwali, Sikar, negligent in discharge of duty, by not helping the informant in search of her daughter. It was thereafter that Shri Prabhu Dayal was also placed under suspension vide order dated 15.09.2015.