Jaipur: The Rajasthan High Court, Jaipur Bench, has directed the Central Government to take steps to trace a rape case Victim currently residing in the United States and facilitate the service of court summons through the prescribed legal channels. The Court ordered the authorities to invoke the mutual legal assistance mechanism between India and the US to ascertain her present whereabouts and ensure that the judicial process reaches her effectively.
The directions were issued in a petition filed by accused Chander Bhushan Singh seeking the quashing of an FIR registered in 2022 at Chitrakoot Police Station in Jaipur West under Section 376(2)(n) of the Indian Penal Code (IPC), which deals with rape committed repeatedly on the same woman.
Justice Anoop Kumar Dhand directed the Internal Security Division of the Ministry of Home Affairs (MHA) and the Ministry of External Affairs (MEA) to facilitate the necessary request to the competent US authorities. The Court also directed the Rajasthan Police to provide the available particulars of the prosecutrix, including passport details, if available, and other relevant documents to the Ministry of Home Affairs within 21 days.
The matter has been ordered to be listed again after eight weeks for a review of compliance and the steps taken to trace the prosecutrix and serve the summons.
Two Years of Attempts to Serve Notice Prove Unsuccessful
During the hearing, the Court was informed that notice had been issued to the prosecutrix on September 3, 2024. However, repeated efforts to serve the notice had failed.
Additional Superintendent of Police (Civil Rights), Police Headquarters, Jaipur, Buglal Meena, appearing before the Court on behalf of the police, submitted that the prosecutrix’s family members had been contacted. They reportedly informed the authorities that she was currently residing in the United States.
However, her complete residential address and contact number could not be obtained, preventing the police from ensuring effective service of the court notice.
The investigating agency explained that the prosecutrix’s participation was necessary to clarify the circumstances surrounding two apparently conflicting statements made by her during the investigation. Her absence had consequently left important aspects of the case unresolved.
Prosecutrix Initially Sought to Withdraw Allegations, Later Alleged Pressure
According to the submissions made before the High Court, the prosecutrix had visited Chitrakoot Police Station on July 1, 2022, accompanied by her husband, after the FIR was registered.
On that occasion, she reportedly submitted a written application stating that she had lodged the FIR in anger and did not wish to pursue further action against the accused.
On the basis of this application, the then investigating officer prepared a proposal to submit a negative final report in the case.
However, a different account emerged on November 24, 2022, when a senior police officer contacted the prosecutrix over the telephone to verify the application.
According to the police, she then stated that the application had been submitted under pressure and that she wanted the proceedings against the accused to continue.
In view of this subsequent statement, the investigation was resumed.
The police informed the Court that, in the absence of the prosecutrix, it had not been possible to verify the circumstances in which the original application was submitted or to properly clarify the contradictory versions. The investigation therefore remained pending.
Court Emphasises the Need for the Prosecutrix’s Participation
The High Court considered the prosecutrix’s participation important for the effective progress of the investigation and the proper determination of the issues arising from the case.
The Court noted that effective service of notice or summons was necessary to ensure that she could participate in the proceedings and that the relevant facts could be examined through the appropriate legal process.
Given that the prosecutrix was reportedly residing outside India, the Court considered the legal framework governing the service of judicial documents abroad and the obtaining of evidence from foreign jurisdictions.
The order referred to Sections 110 and 112 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), along with the Mutual Legal Assistance Treaty (MLAT) framework between India and the United States.
The Court directed the authorities to follow the prescribed procedure for locating the prosecutrix and facilitating service of summons through the appropriate diplomatic and legal channels.
MHA and MEA Directed to Facilitate the Process
To initiate the process, the Rajasthan Police has been directed to forward the available information concerning the prosecutrix to the Internal Security Division of the Ministry of Home Affairs and the Ministry of External Affairs.
The investigating officer must provide the following materials within 21 days:
Complete particulars of the prosecutrix available in the police records.
Passport-related information, if available.
Two copies of the summons.
The prescribed request forms and other documents required under the applicable procedure.
The requisite warning and a summary of the documents, as directed by the Court.
The High Court Registry has also been directed to forward the necessary request letter, along with the relevant documents, to the Ministry of Home Affairs for transmission to the competent authority in accordance with the prescribed procedure.
Once the prosecutrix’s whereabouts are established, the authorities are required to take steps to facilitate service of the notice or summons through the Indian Embassy or the appropriate consular channel in the United States, subject to the applicable legal requirements.
The directions aim to address the practical difficulties arising when a person whose participation is required in criminal proceedings is residing abroad and cannot be reached through ordinary service procedures.
Matter to Be Listed After Eight Weeks
Justice Anoop Kumar Dhand directed that the matter be listed again after eight weeks to assess the progress made by the authorities in locating the prosecutrix and ensuring service of the court summons.
The Court will examine the compliance report and the steps taken by the concerned departments and police authorities pursuant to its directions.
The High Court further clarified that any interim order already operating in the matter would continue until further orders.
The case highlights the role of inter-governmental legal assistance mechanisms in facilitating judicial proceedings when a person connected with a criminal investigation is residing in a foreign country and ordinary efforts to serve court notices have proved unsuccessful.