SC notice to WB govt in rape case involving trial court judge

New Delhi, Feb 2 (PTI) In a rare development, National
Human Rights Commission (NHRC) Monday moved the Supreme Court
of India seeking exepeditious probe into the four-year-old
rape case in Nadia district of India's eastern state of West
Bengal in which a sitting trial court judge was named as an
accused.

Though the apex court issued notice to the state
government on the petition filed by NHRC, it also questioned
the conduct of the victim, who not only had refused to undergo
medical examination at the government hospital but had also
delayed in lodging complaint with the police.

A Bench headed by Chief Justice K G Balakrishnan termed
the entire development in the case as "disturbing" in which
the accused is the fast track court judge of Nadia district.

"She repeatedly declined to go to government hospital
for medical examination. Instead she went to the local Bar
Association and 5-6 days after the incident makes the
complaint. That is more disturbing," the Bench, also
comprising Justice P Sathasivam said.

The Bench took objection to the victim refusing to go to
the government hospital and procuring the certificate from a
private hospital to establish that she was sexually assaulted.

Expressing surprise over the victim approaching lawyers'
body, the Bench said, "Why should victim go to Bar
Association. Somebody is behind it."

The complaint was lodged in 2004 against Shyamlal
Sengupta, judge fast track court, Ranaghat in Nadia District
under section 376 (rape) of Indian Penal Code (IPC).

Senior advocate U U Lalit and Anitha Shenoy, appearing
for NHRC, agreed with the Bench that delay in lodging the
complaint may go against the victim but wanted the court to
expedite the probe.

Lalit said though it has been four years, the victim's
clothes are in safe custody which could be examined by the
experts.

"The stains and body fluid on the clothes of the victim
could help in the probe. Nowadays, science and technology has
developed which will help in fixing the identity of the
accused," he said, adding that the accused should also be
subjected to medical test to ascertain whether the body fluids
found on the clothes of the victim matches with those of the
accused or not.

The senior advocate said it was slightly unusual for NHRC
to file such petition but it was necessary as authorities in
West Bengal has not acted in transparent manner and the matter
has been pending for four years.

On the plea to expedite the probe, the Bench said since
the investigation into the case was still pending, it would
wait for the response of the state government before passing
any order. PTI