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Judgment
Rajiv Sharma, Acj. (Oral)
Manoj K. Tiwari, J.
Mr. Sanjay Bhatt and Ms. Lata Negi, Advocates are hereby appointed Amicus Curiae to assist the Court in this sensitive matter. Registry is
directed to supply the paper book to the Amicus Curiae, free-of-cost.
The Court has taken cognizance of a news item, which appeared in the daily edition of ‘Times of India’ on 20.08.2018, under the two
captions (1) “Uttarkashi rape: NH blocked for 10 hours†and (2) “City residents march to demand death penalty for rapists of Uttarkashi
girlâ€. This news item has also appeared on 20.08.2018 in the daily editions of ‘Dainik Jagran’, ‘Amar Ujala’ and Hindustan (Hindi).
According to the news item, a twelve year old girl in District Uttarkashi was raped and murdered. The accused was not arrested by the Police. The
residents of the area have demanded handing over of investigation to the Special Investigation Team (SIT) or Crime Branch Criminal Investigation
Department (CBCID) and also to take action against the Police personnel under whose jurisdiction the crime took place.
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It is also highlighted in the daily edition of ‘Times of India’ that time has come to re-look into the land reforms by restricting outsiders from
purchasing the agricultural land in Uttarakhand. There is a reference to Section-118 of Himanchal Land Reforms and Tenancy Act which restricts
outsiders from buying land in the hill State. Residents of the area have also demanded to take stringent action against the culprits.
This Court had already directed the State Government to consider amendment in the law for imposing death penalty upon persons convicted of rape
upon minors. The State Government, till date, has not made its stand clear in the matter.
Mr. Paresh Tripathi, Chief Standing Counsel submits that accused has been arrested yesterday and he will be produced before the Court within 24
hours.
We are of the considered view that the inquiry and investigation in these sensitive matters should be carried out by permanent Special Investigation
Teams (SIT).
Accordingly, we issue the following mandatory directions: -
A. The Principal Secretary (Home) to the State of Uttarakhand is directed to constitute Special Investigation Teams in all the Districts of Uttarakhand
within 48 hours, comprising of the following:-
a) Senior Superintendent of Police/Superintendent of Police.
b) Additional Superintendent of Police/Circle Officer (CO)/Inspector.
c) Inspector of Police (Woman).
d) Pschyologist/Counsellor.
e) Woman Social Worker.
B. The present matter is ordered to be handed over to the Special Investigation Team, Uttarkashi immediately after constitution of Special
Investigation Team, with a direction to complete the inquiry and investigation in the matter within four weeks and thereafter, to submit the charge-
sheet. Till then, the investigation is permitted to be carried out by the local police.
C. All the Trial Courts throughout State of Uttarakhand are directed to ensure speedy trial of cases registered under Section 376 I.P.C as well as
under the Protection of Children from Sexual Offences Act (POCSO), by holding day to day trial.
D. State Government is directed to file its response as to whether it is contemplating to prohibit outsiders from purchasing agricultural land in the State
of Uttarakhand.
E. State Government is directed to provide protection to the victims and close family members of the victims in rape cases.
F. Social media is prohibited from divulging the name/identity of the victim and her family members, including their blurred pictures.
List this matter on 31.08.2018.
Let a certified copy of this order be supplied to learned counsel for the parties today itself, as per Rules.