Consequently, in the facts of the case once issue of public importance arises i.e as to whether a judicial officer is misusing her official position or there has been large scale security breach in judges compound, leading to rape being committed on a judicial officer from the Courts perspective and point of view both the situations are alarming and has to be viewed with all seriousness, as if rape has been committed, as has been mentioned in the FIR, then it has to be handled with all seriousness, as rape has been termed as one of the most heinous crime against women, as it not only insults womanhood but it violates the dignity of woman and erodes her honour, and on the other hand, if all norms have been broken by a judicial officer, who happens to be a women also by making false accusation of rape by misusing law then this aspect of the matter attains much more significance, as it is not only brings bad name to the judicial fraternity, it also exposes the judicial officer for criminal prosecution to be launched under Sections 182, 195 and 211 IPC, which criminalises any person filing false charge. A noted legal scholar Prof. Alan Dershowitz has given following quote in the said context "Rape is such a serious crime that deliberately brining a false accusation of rape should be an equally serious crime and women are not being punished for those crimes. I believe that being falsely accused of rape is as traumatic as being raped". Meaning thereby that the impact of said calculated act and misuse of law, is that the incumbent, who has been charged for the offence of rape, the offence that he has never committed, his public image is completely ruined and tarnished, and not only he but his entire family has to go through a great pain, and for rest of the life he and his family has to struggle to regain the reputation, then in order to instil confidence in the public mind and in order to do complete justice in between the parties, this Court proceeds to pass order to retain public confidence in impartial working of the state agencies and to ensure the fact that truth should come on surface and no one is over and above the law and no one can be permitted to play with law, this Court proceeds to pass order directing transfer of investigation from local police to Central Bureau of Investigation, accordingly, Senior Superintendent of Police, Aligarh is directed to hand over the entire paper of investigation to the Director, Central Bureau of Investigation New Delhi, and Sri N.I. Zafari, Advocate, who represents CBI before this Court, and who has entered appearance on the asking of the Court, and who has informed this Court that on the entire papers being received by the Director, Central Bureau of Investigation, New Delhi, CBI personnels would proceed to investigate the case from all angles in accordance with law. Accordingly, the case in hand stands transferred to Central Bureau of Investigation for denevo investigation from all angles.
