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Issues Involved: Alleged rape of two Nuns at Gajraula in Uttar Pradesh, demand for CBI investigation, transfer of case from Sessions Judge, Muradabad to Sessions Judge, Delhi.
Alleged Rape Incident: The petition filed under Article 32 of the Constitution of India pertains to the alleged rape of two Nuns at St. Mary's Convent School by criminals who broke in, assaulted several other Nuns, and looted cash. The incident involved miscreants entering the premises, manhandling and assaulting the Nuns, committing rape, and looting money meant for staff salaries and other expenses. Investigation and Arrests: The Senior Superintendent of Police filed counter-affidavits stating the arrests of accused persons and recovery of stolen property. Despite identification parades, the victims did not identify the accused before the Magistrate. The petitioners contested the arrests, claiming the real culprits were different individuals. CBI Investigation: The petitioners sought CBI investigation due to doubts about the fairness of the police investigation and the identification of the accused. The Court, considering the circumstances, directed the CBI to conduct further investigation into the case, emphasizing the need for justice and public confidence. The CBI was instructed to complete the investigation within three months. Decision: The Court directed the CBI to take up the investigation immediately, with assistance from local police authorities. The State of Uttar Pradesh was directed to provide full cooperation. The proceedings before the Sessions Judge were stayed until the CBI completed its investigation. The Court declined the transfer of the case from the Sessions Judge, Muradabad, and disposed of the writ petition accordingly.
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