Gang Rape victim seeks transfer of investigation

The much publicised Channi-Himmat Gang Rape case has taken a new turn when prosecutrix filed a petition in the state High Court seeking transfer of investigation of the case from Police to CBI or Crime Branch.
Justice Janak Raj Kotwal of J&K High Court after hearing Adv Aseem Sawhney appearing for the petitioner, issued notice SSP Jammu and SHO Channi Himmat to file status report.
In the petition filed by prosecutrix also sought that the Investigating Officer be asked to present himself in the Court and his test be conducted to check his legal and investigative ability, besides monitoring of the investigations. The victim-petitioner has also sought registration of an FIR against the erring Police officers and Hospital Officers/ doctors under sections 166 A, 201 of the RPC amended vide Criminal Law Amendment Act.
During the course of hearing Adv Aseem Sawhney submitted in the Court petitioner has been gang raped one after the other and sexually abused by the accused namely Jatinder Singh of Sainik Colony, Jammu, Sanjay Kumar, Bubby and one Swarna Kumari and submitted that the respondents i.e. respondents have registered an FIR no. 94/2016 on 26.9.2015 under sections 376/120 B RPC at Police Station Channi Himmat Jammu but have till not failed to conduct proper and fair investigations in the case.
The other accused namely Bubby who have been named by the petitioner has not been arrested and the respondents no. 4 and 5 are preparing to exonerate them of the charges on extraneous considerations and merely of account of their being influential persons and politically well connected as the accused Swarna Kumari allegedly runs a prostitution racket and senior Police Officers, Politicians and Bureaucrats are connected with her, therefore the entire investigation is lopsided, unfair, partial and rather all out efforts are being made to screen the offenders and harass the petitioner- who is a rape victim. What to talk of compliance of these mandatory directions of law, neither the law contained in the section 154 was followed by the SSP and SHO Channi Himmat nor the investigation till date is going on in a fair and transparent manner.
It was pleaded that Petitioner/ prosecutrix is receiving threats and allurements from various persons who also include a lady and some other persons even in the Police Station Channi Himmat. The complainant/ Petitioner is being threatened to take money and settle the matter and even intimidated that in case the Petitioner does not toe their line she will be eliminated or even she would be implicated in false cases as they are related / connected to high Police Officers.
The applicant/ complainant has submitted a written complaint to the SSP Jammu in this regard but no action has been taken by respondent no. 4 as he seems to be under pressure or influence of the accused persons or any political person.
Adv submitted that mandate of law has been disobeyed by the concerned officers of the Police just to prejudice the case of the Petitioner/complainant and the complainant/Petitioner in her application has alleged that the offence under section 166 A is applicable to such Police Officer (s) who are being public servants knowingly disobeying the law as mentioned above viz recording of information, non recording of statements, non following of investigation procedures, non addition of the offences of gang rape under section 376 D RPC, criminal intimidation, wrongful confinement to commit rape, assault, threats to life and offering bribe to compromise the case.
So much so that the vital evidence has been destroyed or permitted to be destroyed by the laxity of the Police and the startling fact is that when the petitioner was taken by the Police constables to the Govt Hospital Gandhi Nagar Jammu, medical board did not examine her nor any examination took place. Just a female doctor questioned her verbally and at that time father of the accused Jatinder Singh was seen there with the said doctor who lives in the same Sainik Colony where the father of the accused is an Officer bearer of the Society. Therefore the report too has been manipulated and managed. The petitioner has been time and again stating that in the Police Station Channi Himmat, in the Govt Hospital every where the father of the accused and other persons related or friends of the accused are following her and there is no protection to the petitioner, so much so that the Police officers are permitted them to speak, intimidate, lure the petitioner who is being accompanied by an NGO Chairperson, who has been kind to provide support and legal assistance to the petitioner.
The entire case diaries, reports, records and even the medical record of the petitioner is available with the accused and so much so that the accused in their bail application had relied upon the medical record of the petitioner, none of which has been provided to the petitioner. Strangely all this points out towards the fact that the Police – respondent no. 5 and the IO are providing all logistics to the accused just in order to screen them and harass the petitioner. JNF

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