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| Abducted by husband, woman gets relief from HC | | | EARLY TIMES REPORT
Jammu, Sep 2 :A wife abducted by husband got the relief from High Court today when she was allowed to stay with her sister. In two petitions filed by one Sat Pal & Ors seeking quashment of FIR u/s 364/34 RPC lodged by the sister of wife of Sat Pal and a habeas corpus petition filed by Kunti Devi sister of Ritu Devi w/o Sat Pal, seeking direction to respondents to produce Ritu Devi in Court as she had been kidnapped by her husband Sat Pal and detained in illegal custody against her wishes. Pursuant to orders passed by Court Ritu Devi has been produced in Court by Mukesh Kumar Kakkar SDPO East and her statement had been recorded.
According to Ritu she was 13 years of age when she married Sat Pal who was than already married having four children much older in age to her. She stayed with Sat Pal for about six years, but was turned out there from when she took refuge in her parental house. She filed cases in the Court but did not get any relief, she therefore started learning stitching and tailoring.
According to her she was kidnapped by Sat Pal and his associates in the year 2005 and was gang-raped. She was again abducted for the second time in 2009 at the instance of her husband and remained in illegal custody of her husband and his associates for over a period of thirteen months, during which period she was repeatedly raped by Sat Pal’s Associates, all this is stated to have happened with the connivance of her husband.
It was alleged that her statement u/s 164 CrPC is stated to have been got recorded under threat and coercion. Having been gaga-raped during the period of adduction at the instance of the sat pal, she stated to have become pregnant but would not know as to whose child was she carrying; she expressed her desire to live reside with her sister Kunti Devi.
Justice JP Singh of Jammu & Kashmir High Court (Jammu Wing) after hearing Adv JP Gandhi for Sat Pal & Ors whereas Advocate RP Sapolia appearing for the Kunti Devi and AAG Gagan Basotra appearing for the state and observed that Court do not find any ground to scuttle the investigation in FIR NO 74/2009 at this stage for there is no conclusive material on records to accept as true the case projected by the petitioners seeking quashment of FIR particularly in view of statement of Ritu Devi in Court involving the petitioner and others in the commission of serious offences and dismissed the petition of Sat Pal & Ors.
However, Justice JP Singh in a petition filed by Kunti Devi observed that in view of the statement by Ritu Devi in Court that she had been illegally detained by her husband and his associates, who had ravished her causing trauma and tension during the period of abduction. This habeas corpus petition needs to be allowed permitting Ritu to stay at a place of her choice, so as to protect her fundamental rights to life and personal liberty and allowed the habeas corpus petition leaving Ritu Devi free to live and reside with Kunti Devi her sister.
Court also directed SSP Jammu to see that FIR NO 74/2009 registered at P/S Bahu Fort Jammu was properly investigated with reasonable dispatch and also further directed to ensure that none interferes with Ritu Devi’s personal liberty or causes her harassment in any manner whatsoever during her stay with Kunti Devi, Court ordered. JNF
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