Delhi High Court
Miss J Through Her Mother & Anr. vs Commissioner Of Police & Ors. on 30 November, 2021
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 30th NOVEMBER, 2021
IN THE MATTER OF:
+ W.P.(CRL) 1079/2021 & CRL.M.A. 8751/2021
MISS J THROUGH HER MOTHER & ANR ..... Petitioners
Through: Mr. Abhishek Anand, Advocate
versus
COMMISSIONER OF POLICE & ORS ..... Respondents
Through: Mr. Rajesh Mahajan, ASC for the
State with Ms. Jyoti Babbar,
Advocate with W/SI Sapna Sharma,
PS Ranhola
CORAM:
HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
SUBRAMONIUM PRASAD, J.
1. This writ petition under Article 226/227 of the Constitution of India
has been filed with the following prayers:-
"A. Pass an order directing the respondent-Commissioner of
Police (Delhi) to provide protection to Miss J and Miss C;
and to ensure that nobody shall threaten Miss J, Miss C and
her family members.
B. Pass an order directing the respondent-Commissioner of
Police (Delhi) to take disciplinary action against Ms. Sapna
Sharma, Women SI, working at Ranhola Police Station for no
doing fair investigation and for threatening Miss J, Miss C
and her family members.
C. Pass an order directing the respondent-Commissioner of
Police (Delhi) to lodge an FIR under section 166A/503 IPC,
against Ms.Sapna Sharma, Women SI, working at Ranhola
Police Station for no doing fair investigation and for
threatening Miss J, Miss C and her family members.
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Signing Date:02.12.2021
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D. Pass an order directing the respondent-Commissioner of
Police (Delhi) to change the Investigating Officer (i.e., Ms.
Sapna Sharma) in relation to investigation of the FIR No.
65/2021, and to appoint another impartial, credible and child
friendly investigating officer. E. Pass an order directing the
respondent-Commissioner of Police (Delhi) to ensure fair,
impartial and child friendly investigation in present case.
F. Pass an order directing the respondent to provide
compensation of amount not less than Rs. 10,00,000/- (ten
lakhs only) each in the favour of minor rape victims, Miss J
and Miss C as per the "Compensation Scheme for Women
Victims/Survivors of Sexual Assault/other Crimes, 2018.
G. Pass an order directing the respondent authorities to take
appropriate action to ensure a governmental
jobs/employment for Miss J and Miss C when she will
become major.
H. Pass an order directing the respondent authorities to
provide monetary compensation to Miss J and Miss C for
violation of their fundamental rights.
I. Pass any such directions or order which this Hon'ble
court deems fit and proper in the facts and circumstances of
the above mentioned case."
2. The facts leading to this petition emanate from FIR No.65/2021
dated 05.02.2021 registered at Police Station Ranhola for an offence
under Section 363 IPC, whereby a missing report was filed by the Mother
of the victim and the instant FIR was registered.
(i) It is stated by the complainant that her younger daughter Miss J
aged about 15 years had left their home on 04.02.2021 at about
9:00 AM stating that she is going to get biscuits.
(ii) It is stated that on 05.02.2021, Miss J called her mother that she is
in Ghaziabad. The mother of the petitioner approached the Police and the
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Police recovered Miss J. Later the complainant in her Section 161
statement revealed that she realised that her second daughter Miss C was
also missing and later found out that she had been kidnapped and raped.
(iii) SI Sapna Sharma, Investigating Officer was appointed to
investigate the case. On 05.02.2021, Investigating Officer recorded
Section 161 CrPC of the alleged victims. After recovering Miss J was
produced before the Child Welfare Committee details of the place she had
been kidnapped from were ascertained from the victim. The
complainant's statement was also recorded under Section 161 CrPC
wherein she stated that she has three daughters and one of them was in
office and two have been kidnapped, molested and raped. She gave their
ages to be 17 years and 15 years, whereas the I.O. independently verified
the ages and found the age of Miss J to be 17 years and 4 months and
Miss C to be 19 years and 5 months.
(iv) She stated that one Mr. Sunil Gupta, who their neighbour was
responsible for this acts committed against the modesty of her daughter.
(v) Further, during investigation, the CCTV footages were retrieved
and it was seen thereof which showed that on 04.02.2021 Miss J at about
9 AM, along with her elder sister R were leaving their home.
(vi) Miss C was seen in the CCTV footage shortly thereafter leaving
home. The CDR records of the accused persons were analysed and CDR
of the victims was also analysed. It was found on a comparative reading
of the CDRs that the accused Mr. Sunil Gupta was present in Delhi and
was on duty in his office and his location was verified as per the CDR and
independently verified from the superior of the accused at his workplace.
It was found during investigation that the victims were not actually in
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Delhi and were in Ludhiana. After it was brought to light that the CDR of
the victims were traced in Ludhiana, the S.I. conduct the further
investigation at Ludhiana.
(vii) It was found that Miss J and her sister Miss C were stating in a
hotel Park Blue opposite Dhyan Singh Complex in Ludhiana and were
accompanied by their two friends, namely, Zahid and Vikas Singh
Chandel. The CCTV footage of the hotel where the victims CDR was
traced to was checked and their presence was seen in the camera and their
names were recorded in the guest register and entries were made by the
victims giving fictitious names. When the police tried to locate the boys
who allegedly accompanied the victims to Ludhiana, namely Zahid
Qureshi and Vikas Singh Chandel, they found that Vikas Singh Chandel
had gone abroad to pursue higher studies and Zahid Qureshi did not join
investigation despite several efforts whereafter Section 82 CrPC
proceedings were commenced against Zahid Qureshi.
(viii) The statement of victims J and C were recorded under Section 164
CrPC before the learned Metropolitan Magistrate in the presence of the
Investigating Officer, SI Sapna Sharma on 06.04.2021.
(ix) In her Section 164 CrPC statement, Miss J had stated that on the
morning of 04.02.2021, she went out of her house at around 9 AM to get
biscuits where she was accosted by the alleged accused Sunil Gupta and
his wife who she states forcibly dragged her into a four wheeler and took
her to desolate place. She has stated that Sunil Gupta and his wife
disrobed her in the van and touched her private parts. It further states that
she was taken to a unknown dark room where a boy unknown to her raped
her and, thereafter she was raped by two more boys. She states that two
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persons allegedly at the behest of accused Sunil Gupta raped her and she
states that the next day i.e. on 05.02.2021 she was raped again and she
started bleeding from her private parts. She was then, she states, dropped
to an unknown place in the middle of agricultural field. She states that
she requested for help from bystander to make a phone call she called her
mother and stated what had transpired.
(x) It is stated that she was recovered by police officials of Bhajanpura
Police Station and then taken to Ranhola Police Station whereafter she
was taken for a medical examination to DDU hospital. She gave a number
of description of the clothes worn by her abuser and stated that she could
identify him if he came in front of her.
(xi) In her Section 164 CrPC statement, it is stated that her sister was
also raped and made to drink acid. Furthermore, she stated that if
anything untoward happens to her or any of her family members, the
family of Sunil Gupta will be solely responsible for that.
3. The present petition has been filed with multiple and omnibus
prayers, namely, the S.I. to whom the case was assigned should be
changed; disciplinary action should be taken against the S.I. for
conducting investigation in an unfair and prejudiced manner; The case
FIR No.65/2021 dated 05.02.2021 at Police Station Ranhola to direct
the instant FIR to be placed before the Commissioner of Police who
should appoint a new I.O. to conduct a de novo investigation; Pass an
order directing the State to pay a compensation of Rs.10,00,000/- to
the victims; direct the State to provide government employment to the
victims on their attainment of majority.
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Digitally Signed By:JUSTICE
Signing Date:02.12.2021
19:07:11
4. Mr. Abhishek Anand, learned counsel for the petitioner submits that
the Sub-Inspector in charge of the investigation of this case came to the
victim's house and threatened the victim and her parents stating that they
have filed a baseless case and that they should withdraw this case and this
incident recurred multiple times. It is stated that SI Sapana Sharma and other
officers came in plain clothes to the house. It is stated that on 27.05.2021,
the petitioner's lawyer sent representation to several authorities complaining
about the conduct of the S.I. for not conducting a fair investigation given the
severity of the allegations involving two minors. Learned counsel for the
petitioner places reliance on the judgment passed by the Supreme Court in
Babubhai v. State of Gujarat, (2010) 12 SCC 254 and Nirmal Singh Kahlon
v. State of Punjab & Ors., (2009) 1 SCC 441 to demonstrate that
investigation was not done transparently as expounded by the Supreme
Court in these judgments.
5. Per contra, Mr. Rajesh Mahajan, learned ASC at the outset states
that the present case is nothing but a dispute between the family of the
victims and alleged accused Sunil Gupta and that a plethora of cross-cases
have been registered by both the parties, the same has been reproduced
hereinbelow:-
"Cases registered by complainant "M" & her family against their
neighbours
S.No. FIR No. Date Under Section PS Status of case
16/2009
1. 323, 325, 34 IPC Ranhola Pending Trial
Dt.12.10.09
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410/2014
2. 354A, 506, 34 IPC Ranhola Case disposed
Dt.06.06.14. Acquitted
614/2017
3. 452, 324, 380, 34 IPC Ranhola Pending Trial
Dt.09.09.17
711/2017
4. 323, 341, 506, 34 IPC Ranhola Pending Trial
Dt.18.10.17
850/2017
5. 324, 34 IPC Ranhola Pending Trial
Dt.14.12.17
13/2018
6. 323, 341,34 IPC Ranhola Pending Trial
Dt.07.01.18
7. 375/18 323, 341, 506, 34 IPC Najafgarh Pending Trial
363, 376D, 326A, 307,
8. 400/18 Najafgarh Pending Trial
34 IPC
426/2018
9. 323, 341, 506, 34 IPC Ranhola Pending Trial
Dt.12.06.18
429/2018
10. 380, 427 IPC Ranhola Untraced report
Dt.13.06.18
363 IPC & 8 POCSO
11. 65/19 Najafgarh Pending Trial
Act
12. 497/19 341, 506, 509, 34 IPC Najafgarh Pending Trial
705/2020
13. 354D, 509 IPC Ranhola Untraced report
Dt.10.07.2020
258/21 Dwarka
14. 376, 506 IPC Pending Trial
Dt.11.06.2021 South
Cases registered against complainant & her family
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S.No. FIR No. Date Under Section PS Status of case
802/2017
1. 451, 323, 354, 354B, Ranhola Pending Trial
Dt.16.11.17 506, 509, 34 IPC
12/2018
2. 323, 341, 34 IPC Ranhola Pending
Dt.07.01.2018 Investigation
425/2018
3. 323, 341, 506, 34 IPC Ranhola Pending
Dt.12.06.18 Investigation
323, 354, 376D, 506,
4. 892/2020 Ranhola Pending Trial
195A, 34 IPC
6. Mr. Rajesh Mahajan, learned ASC submits that the petitioners were
seen leaving their home at around 9:00 AM in the CCTV footage installed in
the locality and the CDRs of the petitioners were analysed and it was found
that they were in continuous touch with the complainant and her husband i.e.
their parents on 04.02.2021 and 05.02.2021. It is contended by the learned
ASC that the accused Sunil Gupta was on duty at his workplace and letter of
the company was issued to justify this fact. He also contends that the
petitioner were not actually kidnapped and on their free will went to
Ludhiana, accompanied by two of their male friends, namely, Zahid Qureshi
and Vikas Singh Chandel. He further contends that the hotel where the
victims were at the time of alleged incident was contacted and the
investigating authority checked the CCTV footage, guests' entry register, the
victims registered their fictitious names and their two male friends who
accompanied them registered their correct names. He submits that all this
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stand corroborated and verified by the fact that the petitioners social media
profiles. He states that there was activity on their social media profiles and
they uploaded photographs with their male friends on 04.02.2021 showing
their current location to be in Ludhiana. It is also stated that the conductor of
the bus has stated that the girls boarded the bus from Delhi to Ludhiana on
04.02.2021 and they reboarded from Ludhiana on 05.02.2021. He stated that
Miss J de-boarded at Ghaziabad.
7. Heard Mr. Abhishek Anand, learned counsel for the petitioner and
Mr. Rajesh Mahajan, learned ASC for the State and perused the material on
record.
8. Chargesheet stands filed on 22.10.2021. Supplementary chargesheet
has also been filed and charges are yet to be framed. The genesis of this case
levels extraordinarily serious and concerning allegations. The offences
alleged are of Section 363, 376 IPC read with Section 6 and 8 of the POCSO
Act. This Court, in this observation, is only confining itself to the materials
which have been placed on record and refrains from expressing its opinion
on the merits of this case. A careful perusal of the material on record
indicates that there have been numerous FIRs and cross-FIRs between the
family of the victims and accused Sunil Gupta and his family. It appears
that both families have been inimical towards each other. Without
conclusively ascertaining and only for purpose of the present proceedings,
there appears to be a contradiction between the statements of the victim and
the material on record. From the material placed before this Court, it is seen
that accused Sunil Gupta was present in Delhi at the Chief Engineers Office
at Police Headquarters from 2:35 PM till 4:00 PM and his wife Sunita Devi,
was also seen in a CCTV footage at the Health Centre at Mohalla Clinic on
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04.02.2021 at about 4 PM. It is noted that photographs from the CCTV
footage show that the victims were at Hotel Park Blue, Ludhiana with some
boys. Further, it appears that Miss J and her sister uploaded photographs to
their social media handles with their male friends, which belies the case of
abduction and rape.
9. After perusing the material placed on record and a holistic
understanding of the sequence of events bolstered by the fact that a family
feud has been simmering for a long period of time, this Court is of the
opinion that investigation has been done in a fair manner. It appears to this
Court that the family of the petitioners is using the present proceedings as a
apparatus for attempting to suborn and exert pressure on the police to
investigate and deal with other cases in a particular manner. The instant
petition is a ruse to arm-twist the Policemen. The petitioners have not made
out any case for directing the Commissioner of Police (Delhi) to take
disciplinary action against Ms. Sapna Sharma, Women SI, working at
Ranhola Police Station for not doing fair investigation and for threatening
Miss J, Miss C and her family members. The petitioner has also not made
out any case to directed the Commissioner of Police (Delhi) to lodge an FIR
under section 166A/503 IPC against Ms. Sapna Sharma, Women SI,
working at Ranhola Police Station for not discharging her duties in a fair and
impartial manner. The petitioner has not made out any case for directing the
respondent to provide compensation of Rs. 10,00,000/- each to Miss J and
Miss C as per the "Compensation Scheme for Women Victims/Survivors of
Sexual Assault/other Crimes, 2018". Needless to state that the prayer for
directing the concerned authorities to provide governmental
jobs/employment to Miss J and Miss C when they become major cannot be
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granted in this petition as there is no right of the petitioner to ask for the
same nor is there any right for granting any monetary compensation to the
petitioner and her sister.
10. Be it noted that all these observations have been made only for the
purpose of the present writ petition. The Trial Court is directed to not be
influenced by any of the observations made by this Court while dealing with
the merits of the case. It is always open for the Trial Court to exercise the
powers under Section 319 Cr.P.C. at any stage of the Trial in case some
material surfaces against any other person.
11. It is the duty of the State to provide protection to every citizen of
the country but at the same time this Court has to ensure that frivolous
petitions, which are filed only to interfere with the investigation and to arm
twist the Police officers, ought not to be entertained.
12. With these observations, the writ petition is disposed of.
SUBRAMONIUM PRASAD, J
NOVEMBER 30, 2021
hsk
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Digitally Signed By:JUSTICE
Signing Date:02.12.2021
19:07:11
