SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2021 Supreme(Del) 1525

IN THE HIGH COURT OF DELHI AT NEW DELHI
Subramonium Prasad, J.
J Through Her Mother & Anr. - Appellants
Versus
Commissioner Of Police & Ors. - Respondents
Criminal Writ Petition No. 1079 of 2021, Criminal Miscellaneous Application No. 8751 of 2021
Decided On : 30-11-2021

Advocates appeared:
Abhishek Anand, Advocate, Rajesh Mahajan, Advocate, Jyoti Babbar, Advocate

The main legal point established in the judgment is the requirement for a fair investigation and the dismissal of frivolous petitions aimed at interfering with the investigation process.

Headnote:

Article 226/227 - Protection for Miss J and Miss C - IPC 166A/503, POCSO Act - The court discussed the allegations and evidence presented in the case, highlighting the contradictions between the statements of the victims and the material on record. The court found that the investigation was conducted fairly and dismissed the petitioners' requests for disciplinary action, lodging of FIR, compensation, and government employment for the victims.

Fact of the Case:

The petition was filed seeking protection for Miss J and Miss C, disciplinary action against the investigating officer, lodging of FIR, compensation, and government employment for the victims. The case stemmed from an FIR for an offense under Section 363 IPC, where Miss J went missing and was later found in Ghaziabad, and her sister Miss C was allegedly kidnapped and raped.

Finding of the Court:

The court found that the investigation was conducted fairly and dismissed the petitioners' requests for disciplinary action, lodging of FIR, compensation, and government employment for the victims.

Issues: The issues revolved around the fairness of the investigation, the credibility of the victims' statements, and the validity of the petitioners' requests for disciplinary action, lodging of FIR, compensation, and government employment for the victims.

Ratio Decidendi: The court concluded that the investigation was fair and that the petitioners' requests for disciplinary action, lodging of FIR, compensation, and government employment for the victims were not justified.

Final Decision: The writ petition was disposed of with the court directing the Trial Court to not be influenced by any of the observations made by the court while dealing with the merits of the case.

JUDGMENT

Subramonium Prasad, J. - This writ petition under Article 226/227 of the Constitution of India has been filed with the following prayers:-

    "A. Pass an order directing the respondent-Commissioner of Police (Delhi) to provide protection to Miss J and Miss C; and to ensure that nobody shall threaten Miss J, Miss C and her family members.

    B. Pass an order directing the respondent-Commissioner of Police (Delhi) to take disciplinary action against Ms. Sapna Sharma, Women SI, working at Ranhola Police Station for no doing fair investigation and for threatening Miss J, Miss C and her family members.

    C. Pass an order directing the respondent-Commissioner of Police (Delhi) to lodge an FIR under section 166A/503 IPC, against Ms.Sapna Sharma, Women SI, working at Ranhola Police Station for no doing fair investigation and for threatening Miss J, Miss C and her family members.

    D. Pass an order directing the respondent-Commissioner of Police (Delhi) to change the Investigating Officer (i.e., Ms. Sapna Sharma) in relation to investigation of the FIR No. 65/2021, and to appoint another impartial, credible and child friendly investigating officer. E. Pass an order directing the respondent-Commissioner of Police (Delhi) to ensure fair, impartial and child friendly investigation in present case.

    F. Pass an order directing the respondent to provide compensation of amount not less than Rs. 10,00,000/- (ten lakhs only) each in the favour of minor rape victims, Miss J and Miss C as per the "Compensation Scheme for Women Victims/Survivors of Sexual Assault/other Crimes, 2018.

    G. Pass an order directing the respondent authorities to take appropriate action to ensure a governmental jobs/employment for Miss J and Miss C when she will become major.

    H. Pass an order directing the respondent authorities to provide monetary compensation to Miss J and Miss C for violation of their fundamental rights.

    I. Pass any such directions or order which this Hon'ble court deems fit and proper in the facts and circumstances of the above mentioned case."

    2. The facts leading to this petition emanate from FIR No.65/2021 dated 05.02.2021 registered at Police Station Ranhola for an offence under Section 363 IPC, whereby a missing report was filed by the Mother of the victim and the instant FIR was registered.

      (i) It is stated by the complainant that her younger daughter Miss J aged about 15 years had left their home on 04.02.2021 at about 9:00 AM stating that she is going to get biscuits.

      (ii) It is stated that on 05.02.2021, Miss J called her mother that she is in Ghaziabad. The mother of the petitioner approached the Police and the Police recovered Miss J. Later the complainant in her Section 161 statement revealed that she realised that her second daughter Miss C was also missing and later found out that she had been kidnapped and raped.

      (iii) SI Sapna Sharma, Investigating Officer was appointed to investigate the case. On 05.02.2021, Investigating Officer recorded Section 161 CrPC of the alleged victims. After recovering Miss J was produced before the Child Welfare Committee details of the place she had been kidnapped from were ascertained from the victim. The complainant's statement was also recorded under Section 161 CrPC wherein she stated that she has three daughters and one of them was in office and two have been kidnapped, molested and raped. She gave their ages to be 17 years and 15 years, whereas the I.O. independently verified the ages and found the age of Miss J to be 17 years and 4 months and Miss C to be 19 years and 5 months.

      (iv) She stated that one Mr. Sunil Gupta, who their neighbour was responsible for this acts committed against the modesty of her daughter.

      (v) Further, during investigation, the CCTV footages were retrieved and it was seen thereof which showed that on 04.02.2021 Miss J at about 9 AM, along with her elder sister R were leaving their home.

      (vi) Miss C was seen in the CCTV footage shortly thereafter leaving home. The CDR records of the accused p



















        Click Here to Read the rest of this document
        1
        2
        3
        4
        5
        6
        7
        8
        9
        10
        11
        SupremeToday Portrait Ad
        supreme today icon
        logo-black

        An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

        Please visit our Training & Support
        Center or Contact Us for assistance

        qr

        Scan Me!

        India’s Legal research and Law Firm App, Download now!

        For Daily Legal Updates, Join us on :

        whatsapp-icon Back to top