RAMSWAROOP Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY way of instant habeas corpus petition under Article 226 of the Constitution of India, petitioner Ramswaroop seeks production of his sister namely Sunita @ Santosh. It appears that the detenue Sunita @ Santosh is a victim of rape. She lodged a First Information Report at Police Station, Hanumangarh alleging therein that while she was serving as Office Assistant in the Department of DPEP, Hanumangarh, she was being sexually exploited by the Head of the Office namely Onkar Singh R. A. S. and his associates namely Dhanne Singh, Bachhu Singh, Gurudev Singh, Shiv Narain and Milkha Singh. The police registered a case being F. I. R. No. 239/2006 at Police Station, Hanumangarh for offence under Section 376 (2) (b) IPC. Her statement under Section 164 Cr. P. C. was recorded on 28. 4. 2006 by the Judicial Magistrate First Class, Hanumangarh. After usual investigation a charge-sheet has been filed against the said accused persons for offence under Section 376 (2) (b) IPC.

(2.) AN another F. I. R. came to be filed on 15. 8. 2006 by the petitioner herein Ramswaroop stating inter alia that on 13. 8. 2006 Dharamvir, mother of Praveen and Babli w/o Dharamvir visited their house and pressurized them to enter into a compromise. When they refused to oblige them a threatening was given of ill consequences. On 15. 8. 2006 while Sunita @ Santosh was on way to her maternal uncle's house, she was being stopped. She was being kidnapped by three persons in a Car. According to the informant the kidnappers were none else but two of the sons of accused in rape case referred to above i. e. Bunti S/o Bachhu Singh and another son of Onkar Singh. The third accused has been named as Praveen. On this information police registered a FIR Case No. 294/2006 for offence under Section 364, 195 IPC at Police Station, Pilibanga.

(3.) TODAY the corpus Sunita @ Santosh is produced before us from the Nari Niketan. She has expressed her desire to stay with her parents.