Allahabad HC Directs Recording Of Statement Of Female Police Officer In Hospital Who Was Brutally Attacked In Saryu Express
The Allahabad High Court has instructed the Magistrate with jurisdiction over the Trauma Centre at KGMC, Lucknow, to personally visit the woman police officer who was on duty when she suffered a brutal attack inside the Saryu Express on the night of 30/31 August, 2023 and record her statement.
A Division Bench of Chief Justice Pritinker Diwaker and Justice Ashutosh Srivastava has mandated that the female officer undergo a thorough examination by a team of five doctors, including three senior gynecologists, one surgeon, and one internal medicine specialist from KGMU, Lucknow. “The constitution of the Team of Doctors shall be done by the Dean of the KGMU, Lucknow.” the Bench added.
A detailed medical report is to be submitted today i.e. September 13, 2023.
Advocate Ram M. Kaushik appeared for the Petitioner.
On September 03, 2023, the Court took suo-moto cognizance of a horrific incident involving the prosecutrix 'x' on the "Saryu Express" Railway Train on August 30/31, 2023. They had ordered the registration of a Public Interest Litigation (Crl.) and issued notices to relevant authorities, including the Union of India, Ministry of Railways/Railway Board, Director General of Railway Protection Force (RPF), State of U.P., and State Commission for Women, Uttar Pradesh. The Court required the Case Diary to be presented, and the Investigating Officer to appear on September 04, 2023.
Following the Court's directives, the Superintendent of Police, GRP (Railway), and Dy. Superintendent of Police, GRP Lucknow, appeared before the Court on September 04, 2023 and provided an update on the investigation. They mentioned that five teams were investigating, the prosecutrix 'x' was receiving medical treatment and responding well, but couldn't speak. No sexual assault was indicated in current examination reports. Injuries on 'x' were caused by a sharp-edged weapon, and efforts were made to locate it. Statements from train escort guards, station vendors, and 'x's associates were recorded. “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.” Superintendent of Police, GRP Railway assured the Court.
The Court was assured that the investigation was on the right track and would bring results fast at the same time the court added, “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.”
“We also direct 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 Court added.
Resultantly, the Court issued the abovementioned directions and listed the next hearing on September 13, 2023.
Cause Title: Ram Kaushik v. Union Of India & Ors.
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