IMPORTANT POINT
The police investigation having been completed by the police and charge sheer submitted to the court, it is not for the court, ordinarily, to reopen the investigation unless in a given situation, to do justice between the parties and to instill confidence in the public mind, it may become necessary to ask the specialised agency to investigate a crime.

JUDGMENT

Kuldip Singh, J. This petition under, tide 32 of the Constitution of India, in put interest, has been filed by three prominent Chi tians regarding the alleged rape of two Num at Gajraula in Uttar Pradesh on July 13, 1990 criminals who broke into the residential quar1 of St. Marys Convent School and assaulted several other Nuns before decamping with about 1.10 lakhs in cash.

2. This Court issued notice on November 26, 1990. Counter affidavits have been filed Senior Superintendent of Police, Moradabad, Shri Subhash Kajla, S.H.O., Gajraula police station at the relevant time, and Dr. Meera Singh who medically examined the Nuns.

3. The learned counsel appearing for the petitioners has pressed before us only two of the many relief’s asked for in the writ petition. It is contended that the investigation of the case be entrusted to the Central Bureau of Investigation (CBI) and the case be transferred from the file of sessions Judge, Moradabad to Sessions Judge, Delhi.

4. On July 13, 1990 at 6.20 A.M. sister Floreena, principal of St. Marys School lodged First Information Report at police station Gajraula wherein she stated that she was living in the school campus along with her staff. On the night between July 12/13, 1990 at about 2.00 A.M. three miscreants entered the premises through the kitchen by breaking-open the window. They were not of fair colour and were aged round about 20/24-30 years. All of them were of blackish complexion and were wearing under wears. Third person who appeared to be a gang leader, was wearing under pant and baniyan. The miscreants man-handled the maid servant and snatched her ear-rings and wrist watch. Thereafter all the miscreants went into the room where staff sisters Tara, Tessey, Anjla, Nisha, Roslit and Mamta were sleeping. The sisters were threatened at the point of knife, iron-bar and sticks. The sisters were made to sit in the room and one of the miscreants kept on standing outside the door with some iron implements. The accused who was leader of the gang took sister Tara to another room by force and committed rape on her. On making hue and cry, the sisters were given beating and were threatened to be killed. The miscreant who was standing outside the door took sister Roslit by force to the adjoining room and committed rape on her. All the three miscreants assaulted sister Mamta, Anjali and other sisters. They ran-sacked the house and looted Rs. 1,11,000/- by breaking the almirah. The cash was kept for disbursing the salaries of the staff and for payment to the bookseller.

5. The Senior Superintendent of Police in his counter-affidavit has stated that accused Iqbal was arrested by the Police on July 24, 1990 and by August 2, 1990 four accused persons namely, Sampat Lal, Iqbal, Jameel and Babu had been arrested. He further stated in his affidavit as under:

"Two wrist watches were recovered from Babu and one wrist watch was recovered from Jameel in the presence of public witnesses namely Deep Chand and Jai Karan. The victims Nun Floreena Tessey, Elsy, Sister Rind, Nisha, Anjali and maid servant had also arrived at the time of recovery of the stolen property, and recognised the accused persons arrested by the police and the recovered wrist watches."

6. The charge-sheet against the accused persons, according to the Senior Superintendent, Police has been filed in the Court on August 10, 1990. Regarding the identification of the accused persons before the Magistrate, Senior Superintendent, and Police has stated as under:-

"About 7 dates from 27.8.1990 to 1.10.1990 were given to the sisters to attend the identification parade of the accused persons in jail to identify them as well as to identify the wrist watches before the Magistrate. They have however failed to identify the accused and the stolen property before Magistrate."

The second petitioner Paulose Vellakunnath who is a catholic priest has filed rejoinder affidavit to the counter affidavit filed by Senior Superintendent of Police, Moradabad. I