Is the dictum in Sakiri Vasu v. State of U.P. [2008 AIR SCW 309] in conflict with the earlier decisions in S.N. Sharma v. Bipen Kumar [1970 S.C. 786], State of Bihar v. J.A.C. Saldanna [1980 S.C. 326] and State of West Bengal v. Sampat Lal [1985 S.C. 195]? Does Vasanthi Devi v. sub Inspector of Police [2008 (1) KLT 945] require reconsideration? These questions are raised by Advocate A.X. Varghese before me in this Writ Petition with vehemence.

2. Petitioner claims to be the unfortunate victim of an instance of gang rape. In respect of the crime committed against her, Crime 273 of 2007 of Payyannur Police Station has been registered under Section 376 (2) I.P.C. she had allegedly undergone this trauma while she was pregnant. A series of instances took place between the second weeks of April 2007 to the end of April 2007. The petitioner is a married woman, aged about 19 years. She lives with her husband. The husband in connection with his employment was obliged to be away from home on several days. It is alleged that several persons-17 accused persons have been arrayed by now, have committed the offence of rape/gang rape against her during this period. She could not muster