THE ALLAHABAD High Court order said it all. “It is a miscarriage of justice,” wrote Justice Vinod Prasad Tripathi, in his judgment.
Police refusing to register her complaint, the court rejecting her pleas, running from pillar to post to get justice and more than ten months of physical and mental torture, she has gone though it all. Her ordeal started on a day when most people like to believe that all good things happened to them. January 1, 2006, was the day when she was raped. And raped repeatedly on many occasions later on.
As a result, she recently delivered a baby. And she is just 14.
The victim, Kumari Farmida alias Sona, daughter of Jabir, a resident of Baikunthpur, was allegedly raped by the accused Joginder, son of Salim, a resident of the same locality, on January 1 when she was alone at home.
In her application to the circle officer Kalyanpur on September 20, Sona said she was also raped by Jabir on several occasions later. Threatened by the victim, she did not inform the matter to her family members.
She further claimed in her application that thrice she had approached the Bithoor police, which refused to lodge her complaint.
The officials, instead, said they would arrange some financial assistance for her.
Thereafter, she, along with her father, submitted a complaint to the SSP on August 11 and again on August 14.
However, no relief came. Disappointed, she filed a petition in the court of special CJM Kanpur Nagar.
The court, however, rejected her plea. She then approached the High Court against the judgment.
Taking note of all the arguments in the case, Justice Vinod Prasad Tripathi of the Allahabad High Court passed an order stating delay of filing a complaint in a rape case was insignificant.
As far as registering of the FIR was concerned, the magistrate had done great injustice to the victim by refusing her plea for the same. This had resulted in a “miscarriage of justice”, the order said.
Justice Tripathi further said that the impugned order by the special CJM Kanpur Nagar in the case could not be sustained and had to be set aside.
The matter is remanded back to the court concerned to consider the application under section 156(3) Cr PC filed by the applicant afresh in accordance with the law and pass an order thereon within two weeks from the date of receipt of certified copy of this order, Justice Tripathi said in his order.