Conduct probe into rape of mentally challenged woman: HC directs Police



The High Court on Thursday directed J&K police to conduct investigation into the case related to rape of a mentally-challenged woman and submit report to the Court by December 18.

Issuing directions on a suo motto Public Interest Litigation, a division bench of Chief Justice Gita Mittal and Justice Sanjeev Kumar directed the police to conduct the investigation “uninfluenced and unhindered by any person, authority or an NGO”.

While the Court directed the victim’s father to produce her before medical superintendent of Psychiatric Hospital Rainawari here on December 8 at 12 noon, it ordered the medical superintendent to constitute a board of experts for examination of victim.

The court directed the medical superintendent to forward the report to senior advocate general, BA Dar for its submission before the court. “The medical examination of the victim shall be completed within one week from the date of its commencement,” the Court said.

The directions came after father of the victim stated before the Court that his 32-year old daughter is mentally unsound and he has no objection if her mental health is ascertained. He told the Court that mother of the victim has already passed away.

The Court took on record the medical report of the victim submitted by medical superintendent of Lalla Ded Hospital, Dr Shabir. The report attested by Dr Samia Mufti, Head Treating Unit at the Hospital, has recommended for evaluation of the patient’s condition and rehabilitation.

Dr Shabir informed the Court that the patient was discharged from the hospital in a stable condition and handed over to her father.

“It would be, therefore, appropriate in the interest of the victim that she is examined with regard to her mental health and given the proper treatment,” the Court said during the proceeding which were also attended by SHO Nowhatta police station and SHO Budgam police station.

Meanwhile, the Court also directed secretary district legal service authority to look into the matter from perspective of compensation under appropriate scheme, if any, for the victim.

The court also directed father of the victim to take full care of his daughter.  On November 27, the High Court, after treating a report published in Greater Kashmir on rape of the victim as PIL, had directed the police to furnish within two day details of the investigation.

In its report, GK had highlighted how the mentally-challenged woman, who had been raped, gave birth to a child in an abounded house in Ganderbal district, without medical help. While the child had died the woman was admitted to Lal Ded.

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