Rashid Paul

HC closes proceedings in alleged rape of mentally challenged woman

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Asks police to ensure guilty are brought to book

Srinagar, Dec 25: The J&K High Court Tuesday closed the proceedings in the alleged rape of a mentally challenged woman who gave birth in an open area in Kullen area of Ganderbal last month.

With a direction that police shall ensure 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 High Court closed the proceedings into the matter.

A complaint had been made by a woman for having been put to enquiry by the police, the court accordingly directed that no further action is called for in the matter at this stage.

The court observed that the official report in the incident suggests that the entire incident is being appropriately investigated in accordance with law.

Pursuant to its order dated 29th November, 2018, the court was handed over a report from the office of the Medical Superintendent, Government Psychiatric Diseases Hospital, Srinagar.

The report informed that a Board had been constituted by the Hospital and “X” was medically examined.

After a mental status examination and detailed psychological assessment, the Board has opined that “X” is a case of Severe Mental Retardation with an intelligence quotient (IQ) of 33.

A report by Inspector General of Police (IGP) Kashmir into the enquiry conducted in the matter was also placed before the court by the state attorney. It said “the victim “X” stands examined on 14th December, 2018 under Section 164-A CrPC before a Judicial Magistrate with medical assistance”.

It said a Special Investigation Team under the supervision of Superintendent of Police, City North, assisted by a lady officer and others was constituted for the purpose.

The incident of rape had caught the court’s attention and a suo motu cognizance was taken of the alleged rape and abandonment of the woman.

The court observed that there was an urgent need of shelter homes for women in distress and had issued notice to Secretary, Social Welfare Department, to look into this matter.

The victim had delivered a baby in open in Kullen area of Ganderbal. The baby didn’t survive. With the help of locals and police, the victim was taken to the Lalla Ded maternity hospital.

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