JUDGEMENT
S.K.PHAUJDAR,J. -
(1.) AS directed on 28.7.1995 Rachna has been produced by the Superintendent, Nariniketan, Mathura. I have ensured by
putting preliminary questions to her that she is not under any fear in
the court room and I have also ensured that Virendra Singh Yadav and
Balvir Singh are not present in the court room. In fact, I have requested
everybody else other than the learned counsels (not only of this case but
every other) and my office staff to be outside court -room when the
examination of Rachna is taken up. The Superintendent of the Nari Niketan
Mathura and the police officials who had accompanied Rachna as also the
police officials called for to keep peace in the court are also kept
outside court -room. Rachna has appeared with a baby in the lap and from
her physical appearance who appears to be in the family way. I examined
Rachna and her statement is recorded in the question -answer form. She
speaks in Hindi and I am translating the same myself in English. The
statement of Rachna recorded as above is on a separate sheet which shall
form a part of this case.
(2.) AFTER recording of the statement Rachna is directed to go to the chamber of my private Secretary accompanied by the Superintendent of
the Nari Niketan and escorting lady police officer. The matter will be
heard in the second -half.
The matter is taken up after recess. In the meantime the statement of Rachna has been typed out, explained to her the contents
thereof in Hindi and after hearing and understanding the same, she had
signed the statement contained in two pages. This statement was recorded
only for the satisfaction of this court and the statement be made a part
of this record with a clear direction to the office that nobody will be
entitled to get a copy of this statement nor can anybody use the same for
any purpose without permission of this court.
(3.) WHEN the matter is resumed after recess, two applications have been filed on behalf of Balbir Singh, one for bringing on record certain
documents touching the stage of the proceeding before the court below and
another with a prayer for custody of the girl. An application has been
filed by the applicant. Virendra Singh also contending that sufficient
moral pressure was put upon the girl to made the statement at the
instance of her father and the Superintendent of the Nari Niketan was
aiding with the father of the girl and she has been flouting the court's
order by not complying with it although a copy of the same was served on
her. The Superintendent, Nari Niketan, Mathura, is directed to explain
her conduct for any such non -compliance in writing within a week from
today.;
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