Common Judgment: (Kemal Pasha, J.)

Facts are stranger than fiction. Gone are the days of men rising to the occasion as heroes or warriors to save fellow human beings from danger. The lethargic lukewarm attitude, the insensitivity to respond, and selfishness to be non-responsive from the part of the fellow passengers of a running train to extend a helping hand, to lift a girl from danger, has resulted in a grave tragedy as the one in this case. How cruel is the attitude of a section of the community, who even dissuade willing persons to respond to such cries for help? It is all the more tragic and pitiable to note the lukewarm attitude of the Indian Railways towards the safety and security of women passengers.

2. The factual matrix depicts severe sexual assault, robbery, and murder of a poor girl of 23, who had to travel by the ladies compartment of a passenger train, with the sweet dreams of her proposed marriage alliance. The girl, who wanted to have a safe journey, unfortunately opted for the ladies compartment, which ultimately turned out to be her graveyard. The girl became lonely for her continued journey to the destination for just about 10 minutes, became virtually t