Allahabad HC Orders Disciplinary Action Against Cop Who Gave Clean Chit to Minor Girl’s Rape Accused

The Allahabad High Court recently directed the Director General of Police, Uttar Pradesh, to initiate disciplinary proceeding against a police officer for a major penalty for dereliction of duty and exceeding his powers as Investigation Officer in the rape case of a minor girl.

The bench of Justice Suneet Kumar and Justice Syed Waiz Mian observed that despite the victim’s statement recorded under 164 CrPC where she had clearly implicated the two persons, the police officer deliberately and wilfully tried to ensure that those accused persons were discharged during the investigation.

The court held that the victim’s statement recorded before the magistrate was sufficient, prima facie, to show the complicity of the accused, however, the police officer set it at naught on the strength of the statements of her parents, landlord and other persons recorded under Section 161 CrPC.

“The statement of all other witnesses are merely corroborative but is not sufficient to dislodge the statement of the victim. The fourth respondent has thrown the Indian Evidence Act to the wind by himself arriving at a conclusion that the statement of the victim is per se false,” the court observed.

It also said the police officer not only adorned upon himself the role of an investigating officer but also of a court.

Therefore, taking note of the difficulties that the victim had to face due to the police officer’s act, the court held that he exposed himself for civil and criminal consequence and was liable to be dealt with accordingly.

A criminal case was registered against three persons for raping a 17-year-old minor. The victim had alleged that one of her relatives and two of his friends took her to Hathras where in a hotel room they gave her adulterated food. After she fell unconscious, the accused persons raped her and made a video of the incident. Thereafter, they blackmailed her and forced her to establish physical relations with them.

The police officer then conducted an investigation where he discharged the friends of the victim’s relative, stating that since they were not seen in the video, therefore, their presence at the time of the incident was doubtful.

The victim filed a protest petition against the police report, which came to be rejected by the magistrate relying upon the material, oral and documentary, which was made part of the prosecution case.

The victim then approached the high court alleging that the police officer was hand in glove with the accused and deliberately discharged them during the investigation.

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