BHARATI H. DANGRE, J.

1. An incident of rape and fatal assault that occurred in the National Capital on 16th December 2012 which involved a 23 year old physiotherapist intern, shocked the conscience of the whole nation. The incident generated widespread national and international coverage and was widely condemned both in India and abroad. There was unrest and public protest in the capital which was followed in several major cities in its own way. Social networking sites were put to use to raise a demand of strict law against rape. This resulted into constitution of a three Member Committee on 23rd December 2012 headed by the Former Chief Justice of the Supreme Court Justice J.S. Verma to recommend amendments to the Criminal Law so as to provide for speedy trial and enhance punishment for offence of sexual assault against woman. The said Committee submitted its report on 23rd January 2013. Sensing the urgency and to subdue the wide uproar amongst the general public, the Criminal Law (Amendment) Ordinance 2013 was promulgated on 3rd February 2013. This was followed by the Department-related Parliamentary Standing Committee on Home Affairs tabling its report recommending amendments to the criminal law. After obtaining the assent of the President on 2nd April 2013, the Criminal Law (Amendment Act) 2013 was brought into force, which sought to amend the Indian Penal Code, Code of Criminal Procedure 1973, the Indian Evidence Act, 1872, and also the Protection of Children from Sexual Offence Act, 2012.

Barely could have the law makers given a sigh of relief by enacting a drastic law dealing with the offences against women and before the Court seized of the said trial, could deliver its verdict, in August 2013, a 22 year old photo journalist who was interning with an English Magazine in Mumbai was gang raped by five persons, including a juvenile when she had gone to the deserted Shakti Mills Compound in relation to an assignment. This incident brought in question the safety of women into city like Mumbai which, with its active night life was considered safe heaven for women. The Sessions Court in Delhi, delivered its verdict on 10th September 2013, convicting the perpetrators of the crime. Another incident in the financial capital of the country Mumbai, shocked the whole nation. This time it was another young girl Esther aged 22 years who fell prey of the bestial proclivity at the hands of a man who ended her journey of life mercilessly for satisfying his lust.

The series of incidents which came to highlight and several other incidents which are not even reported by the media or not even reported to the police have resulted in the entire womenfolk in the country posing a question of their safety and security. The entire womenfolk is heard raising an outcry and find themselves in a panic striken state of mind and expect the Executive Legislature and the Judiciary to restore their faith in the system. They echo the sentiments similar to what Madeleine Albright has once remarked :

“It took me quite a long time to develop the voice and now that I have it, I am not going to be silent”

2. The prosecution case, as unfolded, discloses that Ms.Esther Anuhya, aged 23 years, on completion of her B.Tech Degree course, was recruited as a Software Engineer in TCS in Goregaon at Mumbai. The deceased was a resident of Machilipatnam, Andhra Pradesh and had completed her graduation from Kakinada. On acquiring a degree, she shifted to the city of Mumbai and was residing in YWCA Hostel for Women in Andheri.

The deceased came to reside with her parents at Machilipatnam on account of the leave availed by her and she stayed there from 22nd December 2013 to 4th January 2014. Shri Singavarapa Surendra Prasad, PW No.26, the father of the deceased accompanied her to Vijaywada, nearest Railway station to Machilipatnam at about 5.00 a.m. on 4th January 2014, from where a train was available to Mumbai. Ms. Esther boarded LTT Express at Visakhapatnam which reach