Mentally Retarded Woman’s Rape: Bring Guilty To Book, Says HC   

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SRINAGAR — The Jammu and Kashmir High Court has directed police to ensure those behind rape of a mentally retarded woman, who gave birth to a child in an abandoned house at Kulan area of central district Ganderbal without any medical help in the dead of night on November 20 this year, are brought to book.

“The police shall ensure that all necessary steps are taken in the matter of investigation into the complaint of rape and ensure that the guilty are brought to book,” said a division bench of Chief Justice Gita Mittal and Justice Sanjeev Kumar.

The court passed directions after perusing a detailed inquiry report submitted by Swayam Prakash Pani (IPS), Inspector General of Police Kashmir range.

“It is evident from the status report before us that the entire incident is being appropriately investigated in accordance with law. The police shall ensure that all necessary steps are taken in the matter of investigation into the complaint of rape and ensure that the guilty are brought to book,” the court said and closed the proceeding of the PIL, launched suo-moto by the court following media reports about the rape of the woman.

According to the news reports, one person who had gone to buy vegetables in the morning saw the girl and rushed to help her. Later, more people joined and took her to local hospital. The baby she had delivered had died and people, mainly from local Masjid authorities, buried the newborn.

At Lal Ded hospital where she was eventually admitted, the woman after early treatment had advised psychiatric consultation. The woman was handed over to the father and he has been already directed by the high court to ensure she was properly taken care of.

Complying with court’s November 29 order, a report from the office of the Medical Superintendent, Government Psychiatric Diseases Hospital, also submitted before the court. It revealed that a Board was constituted by the Medical Superintendent on December 7 and “X”, as the woman has been referred in the court order, was medically examined. After a mental status examination and detailed psychological assessment, the Board has opined she was a case of “Severe Mental Retardation (I.Q=33)”.

“Inasmuch as the victim “X” stands handed over to the custody of father and family; as well as medical treatment having been accorded to her and the Complaint made by her having been put to enquiry by the police, no further action is called for in this matter at this stage. We, accordingly, close the proceeding in the present matter,” the court added. 

 

 

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