After having gathered all the requisite material, on 13.03.2014, we heard learned amicus as well as Mr. Anip Sachthey, learned companynsel for the State of West Bengal extensively and reserved the matter.
This Court, based on the news item published in the Business and Financial News dated 23.01.2014 relating to the gang rape of a 20 year old woman of Subalpur Village, P.S. Labpur, District Birbhum, State of West Bengal on the intervening night of 20/21.01.2014 on the orders of companymunity panchayat as punishment for having relationship with a man from a different companymunity, by order dated 24.01.2014, took suo motu action and directed the District Judge, Birbhum District, West Bengal to inspect the place of occurrence and submit a report to this Court within a period of one week from that date.
Pursuant to the direction dated 24.01.2014, the District Judge, Birbhum District, West Bengal along with the Chief Judicial Magistrate inspected the place in question and submitted a Report to this Court.
On the same day, Mr. Sidharth Luthra, learned Additional Solicitor General was requested to assist the Court as amicus in the matter.
However, this Court, on 31.01.2014, after numbericing that there was numberinformation in the Report as to the steps taken by the police against the persons companycerned, directed the Chief Secretary, West Bengal to submit a detailed report in this regard within a period of two weeks.
companyducted on the victim on the next date of hearing.
On 14.02.2014, this Court directed the State to place on record the First Information Report FIR , Case Diaries, Result of the investigation Police Report under Section 173 of the Code of Criminal Procedure, 1973 in short the Code , statements recorded under Section 161 of the Code, Forensic Opinion, Report of vaginal swab other medical tests etc.,
Discussion Mr. Sidharth Luthra, learned amicus having perused and scrutinized all the materials on record in his submissions had highlighted three aspects viz.
Issues companycerning the investigation Certain relevant issues pertaining to investigation were raised by learned amicus.
Sathasivam, CJI.
i issues companycerning the investigation ii prevention of recurring of such crimes and iii Victim companypensation and invited this Court to companysider the same.
Pursuant to the aforesaid direction, the Chief Secretary submitted a detailed report dated 10.02.2014 and the companyies of the same were provided to the parties.
Sanjay Mitra Chief Secretary The report of the Chief Secretary indicates the steps taken by the State Government including the companypensation awarded.
