Law: Penal Code (XLV of 1860)

Section: 375A,375B

Law: Anti-Rape (Investigation and Trial) Act, 2021

Section: XXX,9

Penal Code (XLV of 1860)-------Ss. 375-A & 371-B---Anti-Rape (Investigation and Trial) Act (XXX of 2021), S. 9---Gang rape, selling and buying person for purpose of prostitution---Investigation in respect of Scheduled Offences---Quashing of proceedings---Petitioner lodged FIR under S.375-A, P.P.C, against four persons accusing them of ravishing her--During investigation, police found it was not a gang rape and substituted S.375-A, P.P.C with S.371-B, P.P.C---Petitioner disagreed with that findings and contended that it had no legal value because the entire proceedings were conducted in contravention of S.9 of the Anti-Rape (Investigation and Trial) Act, 2021---Through present petition, petitioner sought quashing of the said proceedings and a direction to re-investigate the case in accordance with law---Held, that Anti-Rape (Investigation and Trial) Act, 2021, ensured various fundamental rights guaranteed by the Constitution and to discharge obligations under International law to address the issue of sexual violence and brought offenders to justice---To that end, the Act provided for efficient procedures, speedy trials, evidence and matters connected therewith or incidental thereto---Said Act aimed to effectively deal with rape and sexual abuse crimes mentioned in its Schedules committed against women and children---Section 9 of the Act is mandatory, which conferred special jurisdiction on Special Sexual Offences Investigation Units (SSOIUs) in respect of Scheduled Offences---For that purpose, it mandated the Federal Government to establishSSIOUs for the Capital Territory and the Provincial Governments in every district--During the hearing of this case, it was mentioned that the Punjab Government had not established SSIUOs in several districts even two years after the enactment of the Act---High Court gave directions to constitute the requisite SSOIUs immediately and to arrange necessary training for the Police Officers assigned to them as required by law---District Police Officer concerned had submitted a report that SSOIUs(Special Sexual Offences Investigation Units) and Gender Crime Cells comprising female SIs/ASIs, who received training regarding sexual…