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Synopsis

The Allahabad High Court has ordered the Magistrate having jurisdiction over the Trauma Centre of KGMC, Lucknow to visit the woman police officer, who was on duty when she was brutally attacked inside Saryu Express on the intervening night of 30/31 August, and record her statement. 

The bench of Chief Justice Pritinker Diwaker and Justice Ashutosh Srivastava also directed that the female officer also get examined by a Team of five Doctors comprising of three Senior Gynaecologists, one Surgeon and one Medicine of the KGMU, Lucknow and a report be submitted by the next date fixed in the matter.

The constitution of the Team of Doctors shall be done by the Dean of the KGMU, Lucknow, ordered the division bench. 

Apart from that, the bench directed the Railway Authorities to provide all necessary assistance, including motorized inspection trolleys, to the investigation team to carry out combing operations along the railway track to locate the weapon and other evidence.

The order was passed in a suo motu Public Interest Litigation (PIL) initiated by the high court on September 3, 2023 on a letter petition presented by Advocate Ram Kaushik espousing the cause of the prosecutrix (the woman cop/X).

The high court had then issued notice to Union of India through its Secretary, Ministry of Railways/Railway Board, New Delhi, Director General of Railway Protection Force (RPF), State of Uttar Pradesh through its Secretary, Ministry of Home and State Commission for Women, Uttar Pradesh.

Court had also directed that at the time of the hearing in the case, the State will place the case diary and the Investigating Officer will appear in person. 

On September 4, when the matter was heard, the Superintendent of Police, GRP (Railway),Puja Yadav and the Dy. Superintendent of Police, GRP Lucknow appeared before the court. 

The Superintendent of Police, GRP submitted that she was heading the Investigation. She further apprised the court of the steps taken for nabbing the offender/offenders and also the progress of the investigation so far.

She informed the court that at present five teams comprising police personnel of the rank of Circle Officer and Dy. Superintendent of Police have been set up and are carrying on the investigations.

Moreover, she submitted that though the prosecutrix, who is being treated at the Trauma Centre of KGMU, Lucknow, is responding well, she is unable to talk yet. 

Upon court's specific query as to whether the prosecutrix was subjected to any sexual assault, the Superintendent of Police, GRP informed that as per current examination reports the victim had not been subjected to any sexual assault.

She told that injuries had been inflicted upon the face and upper body parts of the prosecutrix by sharp-edged weapon presumably a chopper.

She submitted that intensive combing operations had already been undertaken along approximately 10 KMs of the railway track near Ayodhya Railway Station to trace the crime weapon.

"The Forensic Team has also extensively scanned the Railway Coach in which the incident is said to have occurred and the results are being processed. The CCTV Camera footage from the Railway Stations are also being processed to get to the bottom of the truth behind the incident", she informed. 

After hearing about the progress of the investigations so far from the Superintendent of Police, GRP, Railway, the court expressed its confidence that the investigation is proceeding on the right track and would bring results fast.

"However, we find that the statement of the victim/ prosecutrix 'x' under Section 161 Cr.P.C. or 164 Cr.P.C. has not been recorded so far. In our opinion, it is a vital piece of evidence which will throw some light and carve out the path on which the investigation can proceed hence forth. We feel that the statement has not been recorded as the prosecutrix 'x' is not in a position to present herself before the Magistrate concerned," court, however, noted. 

Through his letter petition, Kaushik had submitted before the court, that according to a media report, the alleged incident was brought to light when certain passengers, who boarded Saryu Express from Ayodhya Junction at about 4:00 am found the woman cop in a deplorable state, in a pool of blood, unable to move herself with a deep cut on her face and injuries on her body.

Looking at the seriousness of the matter, the court directed the high court office to register the letter petition as a public interest litigation (criminal).

Moreover, based on a written complaint on behalf of the brother of ‘X’ an FIR under Sections 332, 353, and 307 of IPC has also been registered.

However, in his petition, Kuashik had contended that looking at the serious as well as physical condition of ‘X’, Sections 376/376D IPC should have also been added in the FIR.

Case Title: Ram Kaushik v. Union Of India And 4 Others