- (1.) Ashok Kumar Dixit, the unfortunate father of Km. Shikha Dixit, aged about 17 years, who has been subjected to gang rape has invoked the revisional power of this court under Sections 397/401 Cr.P.C. questioning the legality and justifiability of the impugned order dated 19.10.2006 passed by Special Judge, (DAA), Etawah, in Special Case No. 33 of 2004 State v. Kiran Misra and Ors., as well as in connected Special Case No. 73 of 2005, under Sections 363, 366, 376, 120B, 364A I.P.C, Police Station Kotwali, Etawah, District Etawah. vide crime number 357 of 2003 by which the Special Judge has discharged accused Hari Om Verma, Dharmendra Kumar @ Raj Verma, Kiran Misra, Sweta@ Lucky. Bajrang, Devendra Gupta, Anant Kumar Dubey, Sudhakar and Roop Chand, of charges under Sections 363, 366, 376, 120B, 364A I.P.C. at the stage of framing of charge Section 227/228 Cr.P.C. (herein after referred to as the Code). I hasten to add that this, in fact, is the second innings by the informant in this court after the matter has been remanded back by the Apex Court.
(2.) Brief Summary of un-eschewable facts gathered from various annexures appended along with the memo of revision and the counter and rejoinder affidavits are that Shikha Dixit, aged about 17 years daughter of informant Ashok Kumar Dixit, a resident of Anand Nagar, nears Deep Talkies, Etawah, went along with her neighbour friend Kiran Misra, wife of Krishna Kumar Misra and Sweta @ Lucky, on 10.10.03 at 7 p.m.on the false pretext of discussion of studies. When Shikh Dixit did not returned for quite some time informant went to the house of Kiran Misra to inquire about the whereabouts of his daughter he could not find all the three of them there and was informed that all the three had gone to the resident of Hari Om. Accompanied by Budh Prakash his brother-in-law when the informant reached the house of Hari Om then he came to know that his daughter has been abducted by the respondents 2 to 10, the discharged accused persons. Sensing that his daughter can be subjected to illegal acts and can even be done to death that the informant gave an application at the police station Kotwali District Etawah on 16.10.2003 vide annexure No. 1 to the affidavit appended along with this revision but no FIR was formally registered by the police. Another application dated 25.10.2003 to the SSP, Etawah, vide annexure No. 2, and subsequent applications to the higher authorities did not yield any fruitful results and ultimately the informant resorted to political pressure and thereafter his FIR was ordered to be registered by SSP, Etawah and thereafter on his direction the FIR annexure No. 6 was registered on 1.11.2003 at police station Kotwali District Etawah for offences under Sections 363/366 IPC as crime number 357 of 2003 against Kiran Misra, Sweta @ Lucky, Hari Om and Dharmendra Kumar @ Raj Verma.
(3.) Lacklustre investigation in an attempt to shield the culprits, as has been alleged by the revisionists, compelled the father to stage various demonstrations and rallies but the police failed to trace out the abductee. However Shikha Dixit returned on 13.12.2003 and was medically examined vide annexure No. 16. Since the police was siding with the accused and had also manufactured victims statement under Section 161 of the code vide annexure No. 15, that the informant moved various applications for transfer of investigation vide annexure Nos. 12 to 14. Subsequently thereto 164 Cr.P.C. statement of Shikha Dixit was recorded on 10.2.2004 vide annexure No. 17.;