HC finds fault with magistrate in gangrape case

The Madras High Court today found fault with a judicial magistrate for not filing the findings on alleged abduction and rape of four tribal women by some policemen in Tamil Nadu's Villupuram district even after five years and asked the principal district judge to look into the matter and file a report.
The matter came up for hearing before the First Bench comprising Chief Justice Sanjay Kishan Kaul and Justice R Mahadevan.
Passing interim orders on a PIL filed by advocate P Pugalenthi, the bench said, "One of the aspects which emerges is that the findings of the learned Judicial Magistrate of Thirukkovilur, are still awaited. We fail to understand how even after five years the findings are still awaited."

It then directed the Principal District Judge, Villupuram to look into it.
The matter relates to four women belonging to the Irular community, who were allegedly picked up by the police on the night of November 22, 2011 in a police van from their home at T Mandappam in Thirukkovilur police station limits and taken to a nearby eucalyptus grove.
They were then taken to Sandhapettai and brought back to the grove where the woman were allegedly raped by three policemen and later sent home.

A few days later, one of the victims lodged a complaint with the police.
The Deputy Superintendent of Police, Thirukkovilur Sub-Division today filed a status report on the basis of the medical reports and other evidence collected by him which stated that the allegations of rape and sexual assault by the victims "are totally contradicted and more or less false".

In the report, he mentioned that the medical findings did not indicate any injury either in their private parts or other parts that could indicate rape or resistance.
However, he made it clear that the investigation has revealed that the alleged victims were illegally abducted by the policemen when they were not required for interrogation.
Disciplinary proceedings were initiated against the guilty policemen, he said.
The DSP ubmitted that as soon as the findings of the JM are obtained, the final report will be filed.
After perusal of the status report, the court said, "Once the report is available, it has to be handed over to the investigation officer to assist the investigation."

The bench then posted the matter for further hearing to September 26.