Judgment 1. Ambika, 19 year old harijan girl has approached this court invoking our inherent power to direct the State to cause investigation into an allegation of rape. I refer only to a thumb nail sketch of allegations, lest anything stated herein may influence courts which may have occasion to deal with the allegations, on a future occasion. 2. Petitioner would say that on 13-10-1987, while she was alone at home, attending to household chores, two men came and enquired if her husband or in-laws were present. When she replied in the negative, they entered the house, bolted from within, and desired to have carnal knowledge with her. To this course, she was not amenable. Upon this, they pushed her down, ripped off her clothes and raped her, without her consent and against her will. She resisted, but was ever-powered. Their task accomplished, the intruders left. When her relatives returned, they found her in a state of stupor, dishevelled and clothes in disarray. When her husband asked her what had happened, she told him that she had been "ruined". A report was made to police. 3. According to petitioner, on a later day, she and her brother saw one of the two men in the market place, gathered his name and identity as Sukumar alias Dharmarajan and informed the police. Later she knew that the other was Rajan and made a report accordingly. Police turned the Nelson's Eye, and she would say they did not even collect the slides and swabs taken by Dr. Mohan Kumar who had examined her. It is her further case that owing to political clout of the suspects, police machinery was muted and muffled. On these allegations, she has petitioned this court. 4. Notice was issued on the petition and Public Prosecutor was asked to ascertain if the Director General of Police proposed to cause an investigation by Crime Branch, C.I.D. Circle Inspector was directed to state what action he had taken on the complaint. This, he did. In an elaborate statement, Circle Inspector attempted to establish that rape was not committed, that those named as suspects are innocent of the charges, that petitioner was a victim of hallucination and that these allegations were made "after conspiracy and bad motive". He was also presumptuous to suggest that petitioner be sent for examination to a psychiatrist. This, he did. In an elaborate statement, Circle Inspector attempted to establish that rape was not committed, that those named as suspects are innocent of the charges, that petitioner was a victim of hallucination and that these allegations were made "after conspiracy and bad motive". He was also presumptuous to suggest that petitioner be sent for examination to a psychiatrist. The statement was net prepared at the office of Public Prosecutor (he says so) and is not typed on government stationery. It makes sad reading. 5. It is stated that petitioner lives in a thickly populated colony, and that it is not possible to commit such crimes in that area. A more puerile reason cannot be thought of. Cases are legion where crimes have been committed in such areas. Attempt to treat the petitioner as an epileptic given to hallucination must be dismissed with the contempt it deserves. No known science suggests that hallucination is coeval with epilepsy. A case of epilepsy itself seems to be an innovation. Petitioner filed a reply affidavit denying that she was a victim of hallucination or epilepsy. She offered to submit herself to examination by physicians or psychiatrists. Circle Inspector would also say that petitioner went to a doctor only in the evening. According to her she went to Dr. Laila, who sent her with a letter to the Government Doctor. Alibi for the suspects is suggested. Circle Inspector explains an injury on the forearm of one of the suspects as an old wound, presumably to meet the earliest statement of petitioner that she had bitten one of the suspects on his arm. 6. Police has to discharge a momentous function, at once inspiring public confidence and keeping criminal justice machinery informed truthfully. It must act fairly and faithfully and investigate into grievances of those who seek redressal. Investigation must be diligent, honest and unbiased. Material so gathered must be placed before courts for determination according to law. Otherwise, instead of dispensing justice, they will be dispensing injustice, with its painful concomitants. Brennen, J. said: "Nothing rankles more in the human heart than a brooding sense of injustice. Illness, we can put up with. Injustice makes us want to pull things down. Democracy's very life depends on making the machinery effective, so that every citizen shall believe in and benefit by its impartiality and fairness". Brennen, J. said: "Nothing rankles more in the human heart than a brooding sense of injustice. Illness, we can put up with. Injustice makes us want to pull things down. Democracy's very life depends on making the machinery effective, so that every citizen shall believe in and benefit by its impartiality and fairness". Aggrieved will also be provoked to take law into their hands and wreak vengeance if State machinery remains quiescent. I am told that such has been the case here, and that one of the suspects has been attacked. Investigating agency must take the responsibility for this. Requirement of fair action is an attribute of every limb of the State. If they do not live upto this, there is no raison de etre for their existence. 7. I am constrained to remind the investigating agency of its responsibilities, for, it has failed in its basic tenets. Case diary and statement of Circle Inspector, do not commend confidence. Even the certificate issued by Dr. Mohan Kumar belongs to the same ilk. After writing that certain injuries were noticed, the word 'not' is introduced. This does not lock like the correction of an innocuous mistake. By mistake a doctor is not likely to note the opposite of what he noticed. 8. If such a state of affairs is assented to, it would be like putting a fox into the hen house. A young woman complained of rape, and the attempt of investigating officer was to make out that there was no crime, but that the woman was mentally impaired and given to hallucinations and that she has made false allegations. The power of the Stats agency should not be used to crush a butterfly with a hammer. The machinery of the State must guard the weak, the downtrodden and the socially backward. Oar task we have been reminded by one of the greatest visionaries of our age "is to wipe every tear from every eye, and till then our task is not complete". 9. However, there are rainbows and silver lines amidst the clouds. Director General of Police submitted that he proposes to make an investigation through Crime Branch, C.I.D. I am happy that the department has acted responsibly and responsively. 9. However, there are rainbows and silver lines amidst the clouds. Director General of Police submitted that he proposes to make an investigation through Crime Branch, C.I.D. I am happy that the department has acted responsibly and responsively. Petitioner also expressed confidence in the Crime Branch, C.I.D. In the circumstances, Crime Branch, C.I.D. is directed to take over the investigation and proceed afresh in the matter Investigation will be conducted by officers nominated by the Director General of Police or the Inspector General (Crimes), and under their supervision. Director General of Police will also consider whether the quality of investigation made hitherto, requires probe. I make it clear that I express no opinion on the acceptability or otherwise of the allegations. This is to be ascertained and adjudged. With these directions, petition is disposed of.