IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 7TH JANUARY 2008 / 17TH POUSHA 1929 WP(C).No. 706 of 2008(H) ------------------------ PETITIONER: ------------------------ SHIVAKALA, D/O. SIVARAMAN, AGED 23 YEARS, RESIDING AT THOTTATHIL HOUSE, MELUKAVU P.O., VADAKKUMBHAGAM, KOTTAYAM-686 652. BY ADV. SRI.A.X.VARGHESE SRI.A.V.JOJO RESPONDENTS: ------------------------- 1. DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM. 2. DISTRICT COLLECTOR, KOTTAYAM. 3. DEPUTY SUPERINTENDENT OF POLICE, DCRB, KOTTAYAM. 4. SUB INSPECTOR OF POLICE, MELUKAVU POLICE STATION, KOTTAYAM. 5. SUB INSPECTOR OF POLICE, CENTRAL POLICE STATION, ERNAKULAM. BY GOVERNMENT PLEADER PUZHAKKARA MUHAMMED THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.RAMKUMAR, J = = = = = = = = = = = = = W.P.(C). No.706 Of 2008 = = = = = = = = = = = = = = Dated this the 7th day of January, 2008 JUDGMENT In this writ petition filed under Article 226 of the Constitution of India , the petitioner seeks a direction to the Director General of Police and District Collector, Kottayam to constitute a Medical Board consisting of higher qualified and experienced doctors for examining the petitioner and for a direction to the 1st respondent-Director General of Police to constitute a special investigation team to investigate into Crime No.1614/2007 of Central Police Station, Ernakulam. 2. The petitioner claims to be a victim of rape committed by one Mathew P. Joseph. According to her, while she was working as a teacher in Thodupuzha St.George I.T.C, she fell in love with the said Mathew P. Joseph. On 24.04.07, he made her believe that she would be married by him and under the said belief, he had forcible sexual intercourse with her from a lodge near South Railway Station, Ernakulam. Subsequently, on 11.5.07 also he had forcible sexual intercourse with her repeating the very same promise as was made earlier. When the petitioner demanded him to marry her several times, he tactfully avoided her and deserted her without any tangible W.P.C.No.706 of 2007 2 reasons. From the attitude of the accused, she realised that the accused was using her only for satiating his sexual desires. On 18.10.07 due to despair she tried to commit suicide. While she was in hospital, 4th respondent-Sub Inspector. Melukavu Police Station recorded the statement of the petitioner resulting in the registration f Crime No.152/2007 against the said Mathew P. Joseph for an offence punishable under Section 376 IPC. Since the occurrence took place within the jurisdictional limits of the 5th respondent-Sub Inspector of Police, Central Police Station, Ernakulam, the case was transferred to the Central Police Station and was re-registered as Crime No.1614/2007. Thereafter the petitioner was subjected to medical examination at the General Hospital, Ernakulam. But due to the influence of the accused, the General Hospital, Ernakulam issued a certificate stating that there was no clinical evidence of sexual intercourse. Hence this writ petition. 3. Heard both sides. 4. Apart from the fact that the above conclusion,if any, reached by the Medical Officer may not foreclose the case of rape in case the petitioner is able to adduce other convincing evidence in support of her contentions, an examination of the petitioner at this distance of time W.P.C.No.706 of 2007 3 by a Medical Board is neither practicable nor expedient . Hence the first prayer in this writ petition cannot be granted. As for the second prayer that the investigation should be entrusted with a special Investigation team, I do not think that such a course is not warranted in this case. It is enough that the case is investigated by a Circle Inspector of Police to whom the investigation files shall be transferred forthwith. This writ petition is disposed of accordingly. (V.RAMKUMAR, JUDGE) sj