SUO MOTO Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) JODHPUR the historic City with its appeal of magnificent forts, gleaming sands, bustling City, City Palace with all colours of life, a tradition for "atithi Devo Bhave" beckons tourists from places near and far. It was this mystical charm attracted a 47 years old Mrs. Petra Wust a German national and an employee with Lufthansa Airlines, and she arrived at JODHPUR on the evening of 11th May, 2005. She checked into a Hotel namely Haveli Guest House inside the walled City. She went out for dinner to a Five Star Hotel and while returning hired Auto- Rikshaw. The Auto-Rickshaw Driver and his associate, instead of dropping her in Hotel, drove to a village on the out- skirts of the city and the bank of the Jojari river alleged to have raped. Her screams attracted the villagers on the spot. The two accused fled away. The villagers took the terrified woman to Police Station, where she narrated ordeal. The police immediately swung into action and the Auto Driver was soon nabbed at a Check Post. The other accused was also arrested. The investigation was taken up by young I. P. S. Officer Shri Prafulla Kumar, A. S. P. He also recorded the statement of the victim. She was shattered psychologically, physically and as such no longer wanted to stay back in India even for a day. The news of the incident flashed in various news papers of 13th May, 2005. Considering that the constitutional courts vested with powers under Article 226 of the Constitution of India can no more be a silent spectator in the matter of violent crimes against women and wait for its turn for dispensation of justice, this Court took suo moto cognizance of the incident and by ad-interim order while directing for speedy investigation also directed the State Government and police authorities to extend psychological, physical and economical assistance to the victim and make her stay comfortable to ensure that she does not leave the country and co-operate in investigation and trial of the case. The Court gave a specific direction to bear the expenses of the victim for her over stay on account of the incident. The operative part of order dated 13th May, 2005 reads as follows:- " In order to combat the increasing crime against women and to ensure protection and preservation of their human rights the Criminal Justice System needs to be addressed from the point of view of systematic Victim Support Service. There is need to promote proactive role of police as well as the trial courts. Thus, in order to expedite the investigation, to provide protection to the victim, ensuring production of material witnesses during trial without delay, expeditious conclusion of the trial and payment of compensation to the victim, after noticing the incident, by order dated 13. 5. 2005, we ordered as follows:- The rape is serious crime whether it is of a foreign tourist or any other woman. However, it leaves a question mark on the safety of the foreign tourist in the City of JODHPUR. It is likely to create panic amongst the tourists visiting JODHPUR and the other parts of the country. In the peculiar facts and circumstances of the case, we consider it appropriate to take cognizance of the incident and direct as follows:- (i) The Registry is directed to register a Suo Moto petition under the label of "public Interest Litigation". (ii) The State of Rajasthan through Secretary Department of Home, the Director, Tourism and Superintendent of Police (City) JODHPUR be impleaded as party respondents. (iii) A notice be issued to the said respondents returnable within a period of one week. By ad interim order, the further directions are given as follows:- (a) The Superintendent of Police, City JODHPUR is directed to ensure that the investigation of the case is concluded at the earliest. (b) All the agencies concerned with the investigation, including Director F. S. L. Are directed to co-operate with the investigation. F. S. L. Report must reach on or before 16. 5. 2005. (c) In event of filing of charge-sheet, the learned Sessions Judge is directed to ensure that the trial of the case is concluded expeditiously as far as possible within a period of one month from the date of filing of charge-sheet. (d) The Superintendent of Police, City JODHPUR is directed to ensure the safety of the victim. (e) The State of Rajasthan is directed to bear all the expenses of the victim for her overstay on account of the incident. She will be paid lodging and boarding expenses for visiting JODHPUR for investigation or trial in connection with aforesaid incident. (f) The question with respect to the payment of compensation shall be decided after hearing counsel for the State on the next date of hearing. (g) The Principal Secretary, Department of Home, State of Rajasthan is directed to ensure the compliance of the order. (h) A copy of the order be sent to the Principal Secretary, Department of Home, State of Rajasthan today itself by fax. (i) A copy of the order be also served on the victim. "

(2.) THE incomplete charge-sheet under Section 173 (8) Cr. P. C. awaiting F. S. L. Report in the case was filed on 14th May, 2005. THE investigation was complete within 48 hours. It will be relevant to give the chronology of events during investigation in order to show that ordinarily there should not be any reason for delay in such cases:- 12. 5. 2005 At 05. 45 A. M.- Both the accused were sent for potency test and biological sample namely semen, blood, saliva, pubic hair, scalp hair, nail scrapping. 8. 30 A. M.- Examination of scene of crime, lifting of broken pieces of glass, photography, recording of statements of eye- witnesses, who had rescued the victim and provided wearing. 11. 15 A. M.- Examination of the scene of crime near Taj Hari Hotel from where the victim boarded the Auto. 01. 00 P. M.-02. 30 P. M.- Reinterrogation of the accused. 03. 30 P. M.- Verification of the scene of crime by both the accused. 04. 50 P. M.- Both the accused remanded to 15 days judicial custody for identification parade, precaution was taken not to reveal the identity of the accused. 07. 00 P. M.- Sealed biological and physical samples sent to F. S. L. Jaipur for forensic examination 08. 00 P. M.- Statements of A. S. I. Chandi Dan who nabbed accused Shankar and A. S. I. Bagru Ram who nabbed Rakesh taken. 13. 5. 2005 10. 30 A. M.- Statement of victim under Section 164 Cr. P. C. recorded before a Magistrate. 11. 30 A. M.- Identification parade of the accused before the victim in jail. THE victim identifies the two F. S. L. Receipt obtained. Identification of the articles recovered from the accused by the victim before magistrate. 11. 55 A. M.- Challan presented before the Chief Judicial magistrate. Investigation pending u/s 173 (8) awaiting FSL Report. 15. 5. 2005 (a) F. S. L. Report. Report showed presence of human semen in Victim's vaginal swab, smear, and pubic hair. Pieces of glass from scene of crime and autorickshaw matched. 16. 5. 2005 Samples sent for D. N. A. Examination. 18. 5. 2005 Complete Charge sheet presented. Chronology of Trial + 13. 5. 2005 Chargesheet filed before C. J. M. Court. Committed to Sessions Court the same day. 14. 5. 05 - 15. 5. 05 Court Holiday. 16. 5. 2005 Case transferred to Fast Track Court from Sessions Court. Charges read out to the accused. Advocate D. N. Yadav present from defence side. Summons of witness Petra Wust (victim) and Ashok Kumar R. J. S. issued and served. 17. 5. 2005 Examination in chief of victim Petra Wust completed in presence of Public Prosecutor Pokar Ram and Devi Singh Bhati and defence lawyer D. N. Yadav. Complete statement of Ashok Kumar recorded. 18. 5. 2005 Cross examination of Petra Wust completed. Complete charge-sheet filed. 19. 5. 2005 Examination in Chief of Prosecution witness A. S. I. Ramdev, A. S. I. Rawataram and eye witnesses Bhinya Ram and Hemaram. Defence lawyer changed and Advocate Rajendra Saraswat appeared from Defence. 20. 5. 2005 Cross Examination of the above mentioned witnesses. In addition, Chief and Cross examination of A. S. I. Durgaram, A. S. I. Chandidan, Ct. Sohan Ram, Govind Singh Charan A. D. M. And Ladunath completed. 21. 5. 2005 Evidence of witness Ct. Sukhdev Ram, HC Ganpatlal, S. I. Pana Choudhary completed. Chief Examination of Dr. P. C. Vyas and Ram Singh S. I. Taken. 23. 5. 2005 Examination in chief of witness S. H. O. Bhanwar Dan and eye witness Badri Ram recorded. 24. 5. 2005 Cross examination of Bhanwardan, Badri Ram, HC Mahavir Singh and Ram Singh S. I. Completed and part examination in Chief of I. O. Prafulla Kumar. 25. 5. 2005 Completed examination in Chief of Prafulla Kumar. Cross Examination of Dr. P. C. Vyas. 26. 5. 2005 Cross examination of I. O. Prafulla Kumar completed. Statement of both accused recorded. 27. 5. 05 - 29. 5. 05 Time taken by the defence lawyer. 30. 5. 2005 Defence argument presented and completed. 31. 5. 2005 One defence witness presented. Trial complete.

(3.) PURSUANT to the order of this Court Sunita @ Santosh was produced before this Court by the police. It revealed that the accused persons in the rape case had won over her by arranging a job in ICICI Bank and further she was comfortably housed at Jaipur. Thus, her initial reaction was against her own brother and father. This Court while sending her to Nari Niketan directed the Secretary, Department of Home Government of Rajasthan to file a compliance report as to the order of this Court dated 1st June, 2005 passed in Suo Moto Case. It may be recalled that direction was given by this Court to set up a special Cell at the State Level to bring coordination and effective control among supportive agencies for quick and scientific investigation in cases of Sexual Violence. The State Government was also directed to ensure that as soon as a case of sexual abuse or violence is reported, necessary financial, medical, psychological and social assistance is provided to the victim. The Court further directed that a atmosphere of camaraderie is built so that victim is helped to get out of trauma, both physical and mental. The usual ipsi dixit compliance was placed before us i. e. circulating the orders of this Court. No efforts were made to ensure the compliance of the orders of this Court in true spirit. If the State authorities had taken care to follow the directions of this Court the unfortunate situation which has arisen of kidnapping Sunita @ Santosh would not have arisen. Full opportunity was given to the accused of the rape case to won over the victim. Thus, this Court in Ramswaroop's case while disposing of the petition vide order dated 20th September, 2006 observed as follows:- " The prosecution agency in the rape case does not appear to be serious and giving full opportunity to the accused persons to tamper with the prime witness in a rape case. "