Judgment:
Kuldip Singh and; N. Venkatachala, JJ.
1. On 13-7-1990 at 6.20 a.m. Sister Floreena, Principal of St. Mary's School lodged a first information report at Police Station Gajraula wherein she stated that she was living in the school campus along with her staff. On the night between 12/13-7-1990 at about 2.00 a.m. these miscreants entered the premises through the kitchen by breaking open the window. They were not of fair colour and were aged about 20/24-30 years. All of them were of blackish complexion and were wearing underwears. Third person who appeared to be a gang leader, was wearing underpants and banian. The miscreants manhandled the maidservant and snatched her earrings and wrist-watch. Thereafter, all the miscreants went into the room where staff — Sisters Tara, Tassey, Anjali, Nisha, Roselit and Mamta were sleeping. The Sisters were threatened at the point of knife, iron-bar and sticks. The Sisters were made to sit in the room and one of the miscreants kept standing outside the door with some iron implements. The accused who was the leader of the gang that took Sister Tara to another room by force and committed rape on her. On making hue and cry, the Sisters were given beating and were threatened to be killed. The miscreant who was standing outside the door took Sister Roselit by force to the adjoining room and committed rape on her. All the three miscreants assaulted Sister Mamta, Anjali and other Sisters. They ransacked the house and looted Rs 1,11,000 by breaking the almirah. The cash was kept for disbursing the salaries of the staff and for payment to the bookseller.
2. This Court by the order dated 9-12-1991* directed the CBI to hold an investigation and submit a report. As a consequence of the said order, the CBI has submitted its report, dated 29-6-1994. The concluding part of the report is as under:
“32. The offences of rape, sodomy, house-breaking by night and robbery on the night of 12/13-7-1990 in St. Mary's Convent School, Gajraula are established.
33. There is no evidence to justify the charge-sheet filed by the local police against four accused namely Iqbal, Samar Pal, Babbu @ Humayun Kabir and Jameel.
34. Having exhausted all possible avenues of investigation, with little chance of tracing the real accused in the case, the further investigation of the case by the CBI has been closed. In case any fresh clue turns up, the investigation would be reopened and taken to its logical conclusion.
35. The major lapses amounting to misconduct on the part of Shri Subhash Kajla, then SO Gajraula, Shri Bharat Ratan Varshney, then SI Gajraula and Dr Meera Singh, Lady Medical Officer, VZ Hospital, Moradabad, make them liable for disciplinary action for major penalty under their respective Service/Conduct Rules. A self-contained report in this regard listing out the evidence available against them will be sent to the Chief Secretary, U.P. for initiating disciplinary action against them.
36. The procedural lapses on the part of the other doctors examining the victims and Head Constable Babu Ram, then Head Moharrir PS Gajraula, resulted in loss of crucial evidence in the case. This is also being brought to the notice of the State Government, U.P. for necessary action as deemed fit in the matter.
37. In compliance to the orders of the Hon'ble Supreme Court dated 9-12-1991 read with subsequent orders dated 16-4-1992, 18-9-1992, 13-10-1992, 22-3-1993 and 12-7-1993 ending with orders dated 15-3-1994 (copies enclosed) the CBI on completion of its investigation is submitting this report before this Hon'ble Court for consideration.”
3. Four accused persons mentioned in para 33 above, are facing trial before IX Additional Sessions Judge, Moradabad. Proceedings before the learned Judge are stayed under directions of this Court. We vacate the stay orders granted by this Court. We are informed that copy of the CBI report has already been placed on the file of the learned Judge, Moradabad. The learned Judge shall take the report into consideration and pass a speaking order regarding the continuance or otherwise of the trial against the above four accused.
4. The enquiry report has pointed out major lapses amounting to misconduct on the part of Shri Subhash Kajla, SO, Gajraula, Shri Bharat Ratan Varshney, SI, Gajraula, and Dr Meera Singh, Lady Medical Officer, VZ Hospital, Moradabad. The State Government shall initiate disciplinary action for major penalty under their respective Service/Conduct Rules against these officers with immediate effect. A self-contained report in this respect has already been sent to the Chief Secretary, U.P. Government. We are further of the view that in order to have expeditious and fair disciplinary proceedings against these officers, it would be necessary to place them under suspension. We direct the U.P. Government to suspend these officers with immediate effect pending disciplinary proceedings. The disciplinary proceedings shall commence with immediate effect and completed expeditiously.
5. We further direct that the State of U.P. shall pay a sum of Rs 2,50,000 as compensation to each of the two Sisters namely Sister Tara and Sister Roselit on whom rape was committed by the assailants. We further direct the State of U.P. to pay a sum of rupees one lakh each to Sisters Tassey, Anjali, Nisha and Mamta who were assaulted and to Poline, the maidservant who was manhandled and her wrist-watch and earrings were snatched. The amount directed by us as compensation be paid to the above-mentioned girls within two months. The State Government, if so advised, may recover the amount from the officers who are held guilty of lapses and misconduct.
6. The State Government shall also initiate disciplinary proceedings against the persons who are mentioned in para 36 of the report with immediate effect.
7. Nothing more need be done in this case. The writ petitions are disposed of.