...r.io9/- 6- . SB iivis'on Be IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR WRITPETITIQN NO/T'S' ] / 2005 PETITIONER RESPONDENTS ^^ ^^%^ ^wyy -^y »-^' Forum for Fact Finding Documentation and Advocacy, Raipur [C.G.] Through :- its President, Subash Mohapatra S/o JalandhAr Mohapatra, aged about 31 years, R/o A-3, Sahani Vihar, Telibandha, Raipur [C.G.] VERSUS 1] 2] ^ Union of India, Through - Secretary, Home Affairs Department, New Delhi. State of Chhatdsgarh, Through- Secretary, [I] Home Department, D.K.S. Bhavan, Raipur. [II] Health Department D.K.S. Bhavan, Raipur. ^ ..-"f\. ^ ^••••^"^r .••••*.5i ^" Superintendent, ...^"•i?"3-'i:- Dr- Bhim Rao Ar ..•-•"ni^}.S^' ...-•" Hospital [Mekahara], '^•^"'..^••^" ^ Chhattis ^u ....--" r<L ' Ambedkar, Raipur Chhattisgarh. Police Station House Officer, Police Station 'Mana' Raipur [C.G.] PETITION UNDER ARTICLE 226 OF CQNSTITUTION OF INDIA. [PUBLIC INTEREST LITIGATION1 XI-HC-22 3^ •<INI<1<1, aTfl'M'Ko, Rj<-tlti^< OT^?i Msra^ HltRIT Sh^irai^^..^^Hq: 2«fr sn^r^r fewsn^T stiiiii'aRfl SII^TSOTWHlN DIVISION BENCH : HQN'BLE SHRI FAKHRUDDIN. J HON'BLE SHRI DHIRENDRA MISHRA. J 04/03/2005 Smt. Meena Shasfri, counsel Shri Prashant Mishra, AcTcll respondents. Heard. -J The petitioner has filed th| Litigation on the ground that a sb( sexual assault by her neighbour ag^d 2004. The incident was brought to| February 2005 who thereon filed Station IVIana, Raipur but the cop^ first informant and medical examirtation conducted promptly. Counsel appearing for the f^ the prosecutrix is still suffering frorfi perpetrators of the offence are t^i prosecutrix to withdraw the report been arrested. +i-iiT<-i41-t iTTiT?tfirfei<3 <R|+AK ^sff^Tan^r for the petitioner. Advocate General, appears for the s petition styling as Public Interest rear old female child was subjected to 33 years in the month of December the notice of her grand mother on 1st ;he First Information Report in Police of the same was not supplied to the of the prosecutrix was also not etitioner has also taken a ground that infection in her private parts and the reatening ttie family membere of the against the accused, who has not yet ('ft^^f^) XI-HC-22 3^ ^wwif, ®Tfltt'l(o,R|diy^< OTt^r'-ra^i HIHCII giITR)_^f:..^/°^^ 200 3II^T^iT R-< sn^T OTRigfgcT sn^?T 5^<TRK ?rf?a' -2-- On 11/02/2005, the matter and the State was directed to provi and the matter was adjourned to pointed out by the Additional Advoi has been registered against tlie ac has also assured that the victirti, authorities and she would be thon treatment would be provided to he| protection to the prosecutrix and h| the order dated 15/02/2005.the taken on record. Copy of the complj the counsel for the petitioher on 24^ that the prosecutrix was medically report is Annexure R-2. The doctor| that possibility of sexual intereours^ submitted that the Juvenile Justicf notification dated 20/05/2003 as pei| Crime No. 07/2005 is going on an^ before the competent Court. It is General that as per the directio|' personally visited the house of the| had gone to attend the school. La1|i herself came to the concerned «t]]<]f<i<fl-itiiti<iTfftecS<Riwi< ^.srf^ffSTi^r }as taken up on mention being made itle proper treatment to the prosecutrix 115/02/2005 and on that day it was >(;ate General that Crime No. 07/2005 sbused and he has been arrested. He w^uld be properly taken care of by the ^ughty checked up and best possibte 1-. He had also assured of giving due i^r family members. In compiiance of cortipliance report has been fited which is jance report has also been provided to f02/2005. In the said report it is stated lexaminedon 03/02/2005 and medical |who examined the prosecutrix opined cannot be ruled out. It has also been Board has been reconstituted vide Annexure R-3 and the investigation of the charge sheet shall be submitted also submitted by the Addl. Advocate of this Court, fhe concerned T.1. |victim and at that time the prosecutrix l|er on grand mother of the prosecutrix fl'olice StaUon and informed that the (•f^^f^) XI-HC-22 3^''qraRTq', ®Tf1tf'i6,Rjcfiu^< 3)1^1 "^ach . ^- <<Wdl vhW* •••••••••••••"[••••• g^- 200 ^^................... sn^rqir f^iwan^r aiiiti ylga sii^i ^wiwHf^r -s' prosecutrix is perfectly alright an^ medical attention. It is further subri °bl<lfa<fl-i 1|t|ilTffte^t<fS|«K ^sri^irgn^T healthy andshe does not need any itted that the regular police patrolling is being done near the house of the tictim to provide protection to the victim and her family members and no ijeport of harassment or threatening by the accused who is in jait or his f^mily members, has been made by the grant mother of the victim. The above submissions ms|de by the Addl. Advocate General are not disputed by the counsel for tt|e petitioner. However, counsel for the petitioner submits that by the in^tant petition a larger issue has been raised regarding the delay in lodgi prescribed under Section 154 of t ^ig the FIR and generalty theprocedure ie Cr.P.C. is not follwved and medical examination report and the copy df the FIR are not given to the victim of sexual assault which they are entitl|ed to. Learned counsel for the resl comptaint of non lodging of the rep|ort is brought to the notice of the higher authorities, action is promptly tak^n. In this case also, FIR was lodged ^ondents submits that as and when any though the incident was reported ^- after more than a month and on the basis of the said FIR principal acc|used has been taken into custody and the investigation is going on. The compliance report has |a!ready beensubmitted which is taken on record. The relevant portion of (he compliance report reads thus: (^^f^) XI-HC-22 Sn^T^iT R-fi+sn^r SbH nf?tT 3ST r^^W^^ (STflWIS, Rjlflyy @ 311^1 "4ach . wf- *TT*-RfTsn*liq) ?q; 200 f°re% 3)1^1 ^kllWfff^T -H1 "That in pursuance to th< Court the Town Inspector J.P. Dubey had personall^ however she had gone t\ Vidyalaya Mana Camp. the Police Station and inf| does not need any medk right / healthy and i? categorically stated that assistance at present. 'hiifi'i'fl-i iii(iTffteiA<|q+<;i< ^>3iR|IT3n^T order passed by this Hon'ble Mana Camp Police Station Shri visited the house of the victim attend scfiool namely Kanya >r on her grand mother came to >rmed that her daughter Nupur attention as she is perfecUy all Ittending school. Her mother le does not need any medical That regular patrolling is l^eing done near and around the house of the victim every |moming and evening to provide protecfion. The grand mot(ier of the victim has not reported any event or incident of ha|rassment by the accused who is in jail or by the family mem|)ers / friends of the accused. It is submitted that due| care and protectiort shall be provided to the victim a|id the charge sheet shall be submitted againstthe accu^edwithin the stipulated time." Thus from the compliance ^eport submitted by the respondente it is clear that the victim has become healthy and started going to school and that Police patrolling is being regi|ilarly done so as to provide protection to the victim and to her grand motfier. Report also shows that the grand mother of the victim has notTep^rted any incidentof harassment by the accusedwho is in jail or his famil^ members. Let a copy of the FtR and 1 mother of the victim andalso to t(ie petitioner. After challan is filed in the Court, copy ofthe same be made] he injury report be supplied to the grand available to the petitioner as also to the /- ('flty^) XI-HC-22 sn^TW f^TRTSn^T shtli+^Rd "^. ^'s :^(^' 3:3T •<<1<IICI<1, WTdu'IS, [qc1|+|y IINcn Shlich 3ii<?i >iacb ^^•f'.^n/^V^ 200 3TI^T?RITWHficT ^- grand mother of the victim. Cop') Additional Registrar (J) ofthis Coi^rt. ^ of the challan be also supptied to the Having heard counsel for since the accused has already 1 medical treatment has been giveiji and her family members has useful purpose shall be served in be4n With the observations and disposed of, ^A A Sd/- Fakbruddln Judge r »ni<<fa41-i*fitiMTfftecfl'<(ait<i< ^iSTf^iTsn^r (he parties and considered the fact that b^en arrested, investigation is going on, to the victim and security to the victim ensured, we are of the view that no (ceeping this petition pending. directions made above the petition is (Ifl^y^)