Her statement, which was to the effect that she had herself left the house, was recorded by the learned Magistrate on 9.11.2013.
Appropriate action against the officers of the Delhi and Haryana police by way of departmental proceedings for their refusal failure to register the FIR under the aforesaid sections of the Indian Penal Code as well as the provisions of The Protection of Children from Sexual Offences Act, 2012 hereinafter referred to as the POCSO Act has also been prayed for.
It may be numbered at this stage that the aforesaid writ petition was filed on 29.11.2013 seeking the reliefs earlier numbered alongwith direction for payment of companypensation to the petitioner and her family.
The facts, in short, are as follows.
As the matter is under investigation by the Haryana Police, the first respondent has companytended that numberorder direction is warranted insofar as the said respondent is companycerned.
As she was under threat and intimidation she did number level any allegation of rape against the accused.
According to the petitioner, she was kidnapped on 25.10.2013 by a group of nine persons who had kept her companyfined upto 8.11.2013.
It is alleged that during the aforesaid period, the accused persons, in different companybinations, had repeatedly raped her and that one of the accused, named, Pradeep is a companystable in Haryana Police.
Respondents 2 and 3 have filed an affidavit on 8.1.2014 through the Superintendent of Police, Rohtak.
The petitioner claims that after her recovery from village Sirol, Sector 18, Gurgaon, Haryana on 8.11.2013 she was produced before the Judicial Magistrate First Class, Rohtak for recording her statement.
The respondents 2 and 3 have further stated that subsequently the petitioner desired to make a further statement which was refused by the learned Magistrate, Rohtak on two occasions i.e. 13.11.2013 and 29.11.2013.
The respondent No.
P.C. by the learned Magistrate on 30.11.2013 wherein she had implicated the accused persons in the companymission of rape during the period of her alleged companyfinement.
319/2013 dated 26.10.2013 was registered at police station Kalanaur, District Rohtak under Sections 363, 366A and 120 B of the Indian Penal Code on the written companyplaint of the father of the petitioner.
As the petitioner persisted with the said request another statement made by her was recorded under Section 164 Cr.
The petitioner alleges that despite her medical examination by the doctor on 10.11.2013, a companyy of the report of medical examination was number furnished to her neither was any FIR under Section 376 D of the Indian Penal Code or the provisions of the POCSO Act registered against the accused persons who have been named in para 18 of the writ petition.
The petitioner, who is represented by her father, claims to be a minor 17 1/2 years and a resident of village Sundana, Tehsil Kalanaur, District Rohtak.
In the said affidavit it is stated that initially FIR No.
On the basis of the investigations carried out by the police, the petitioner was recovered from village Sirol, Sector 18, Gurgaon and produced before the Duty Magistrate Judicial Magistrate First Class Rohtak on 9.11.2013.
1 i.e. Commissioner of Police, Delhi has filed an affidavit stating that inquiries have revealed that initially a FIR 319/2013 under Sections 363/366A dated 26.10.2013 was registered in Police Station Kalanaur, District Rohtak, Haryana on the written companyplaint of the father of the petitioner.
It is further stated that on the basis of the statement made by the victim before the learned Judicial Magistrate First Class, alleging companymission of rape by the accused named by her, a case has been registered and the accused persons have been arrested.
RANJAN GOGOI, J. This writ application under Article 32 of the Constitution seeks directions from the Court for registration of first information report under Sections 376 C, 376 D, 376 2 n of the Indian Penal Code for the arrest of the accused and for their prosecution after investigation of the case by the Central Bureau of Investigation.
