ASHOK SRIVASTAVA J. - (1.) SHRI G.P. Sharma, Inspector General (Crime), UP Lucknow, Shri Nitin Bansal, the Chief Development Officer, Allahabad, Shri Ashok Kumar Mishra, Chief Probation Officer, U.P. Lucknow, Ms Praveena, Additional City Magistrate-II, Allahabad, Ms Nitika Dube, District Backward Class Welfare Officer, Allahabad, Smt. Arti Vyas, Member Children Welfare Committee, Allahabad, Shri P.S. Chauhan, Circle Officer, IVth, Allahabad and Shri Vinod Kumar Singh, Station Officer, Shivkuti, Allahabad are present.
(2.) MS. Usha Kiran and Shri Vimlendu Tripathi, learned Additional Government Advocates, Mrs. Manju R. Chauhan, Shri Sanjeev Singh, learned amicus curiae, Ms. Amrita Rai, representing the UP State Legal Services Authority, UP, Lucknow and Sri S.K. Rai learned Standing Counsel for the Union of India are also present. Shri S.K. Rai has handed over a Gazette of India notification issued by the Ministry of Women and Child Development dated 24.6.2011, published in the Gazette on 27.6.2011 containing the Adoption related Guidelines and also a copy of the Integrated Child Protection Scheme (ICPS), which are taken on record. Shri Vimlendu Tripathi, learned Additional Government Advocate has handed over a fax message received from the office of the Inspector General (Crime), U.P., that Suresh Kumar, son of Roshan Lal, who was involved in rape of 8 girls aged 10 years and below between 9.1.1999 and 24.11.2005 in the Government Children Home (Infant), Rampur has been arrested on 28.4.12 after the report was lodged by Shri Kishunk Tripathi, the in-charge Government Children Home (Shishu) on 25.4.2012 on the basis of which a case was registered at case crime No. 1166 of 2012 under sections 376(2)c, 376(2)f IPC. The said faxed message is taken on record.
(3.) WE must express our anguish at the fact that in such a case which relates to rapes of 8 or more girls below 10 years of age which took place between 1999 and 2004 at the Rampur Bal Shishu Grih, (although this Class IV employee Suresh Kumar was finally dismissed from service in June 2011), but no First Information Report was even lodged in the case so far. If it were not for this Court's intervention (vide its order dated 16.4.12) directing that criminal proceedings be initiated against this miscreant employee, this offender would still be at large in society. Little wonder, as observed in the last order, that is was because of such delayed action, non-action and inadequate measures, and absence of criminal proceedings against such offenders in the past, that other similar criminally minded employees have not been deterred from committing such heinous crimes, which have recurred from time to time. 6. WE would like to be informed about the names of the officials responsible for failing to lodge the FIR for initiating criminal proceedings against the miscreant, Suresh Kumar earlier. WE also direct that the investigation and the trial of this accused Suresh Kumar be completed very swiftly, with due regard to the legal requirement of having the statements of the victims under section 161 Cr.P.C recorded as far as possible by lady officers. The evidence of the victims also be recorded in Court during trial in camera, and the names, photographs or any other material which would reveal the identity of the victims be not made public. This Court will take a very serious view if the last direction is breached. The Chief Development Officer, Allahabad has handed over a report, which is also taken on record. This report mentions that the District Magistrate has decided to have surprise inspections every 15 days through the Women's Welfare Department and in that context two teams have been constituted, one headed by the City Magistrate, Allahabad and the other headed by Additional City Magistrate-I, Allahabad which are also to consist of police officers, psychologists and pediatricians.;