Allahabad Aug 20(ILNS): For dealing with the molestation case of a 15-year-old girl in a very casual and insensitive manner, the Allahabad High Court on Tuesday came down heavily on the Police department.
A Single Bench comprised of Justice Raj Beer Singh passed this order while hearing a Criminal Misc. Bail Application filed by Kishan Upadhyaya.
The Bail Application has been filed by the applicant in a case under Sections 305, 341, 376D IPC and Section 4 POCSO Act & 3(2)(V) SC/ST Act, P.S. Kotwali Karvi, District Chitrakoot, with the prayer to enlarge him on bail.
According to the prosecution version, on October 08, 2020, at 1:30 when the first informant returned to her home from her field, she found that her 15 years old daughter was missing and while making a search, she saw that her daughter was lying in the nursery and her hands and feet were lying tied. Her daughter told the informant that three persons have brought her there and the informant came to know that the applicant and co-accused persons have committed rape upon her.
It was alleged that due to the incident dated October 08, 2020, on October 13, 2020, the deceased committed suicide.
It has been argued by the Counsel for the applicant that the applicant is innocent and has been falsely implicated in the case. As per the prosecution version, the alleged incident of molestation of the deceased girl has taken place on October 08, 2020, but after that incident, no report was lodged, and that the FIR has been lodged on October 13, 2020, after the deceased has committed suicide.
In the first information report, there is no such version that after the incident dated October 08, 2020, the first informant has informed the police or that any video of the statement of the deceased was prepared and thus, it is an afterthought version, which has been introduced during the investigation.
Counsel for the applicant submitted that in the case diary, in the transcription of the statement of the deceased girl, which was recorded in the video, she has mentioned the name of co-accused Ashish only and she has also stated that she was only tied by the accused persons and no bad act was done with her and that they were only saying that they would commit the bad act with her.
It was submitted that the statement of the informant, that her daughter has told the name of the applicant, is false as no such fact has been mentioned in the statement of the deceased, which was recorded in a video.
Counsel has also referred to the statement of constable Rohit Kumar and Raghvendra Kumar, who has allegedly reached the spot on October 08, 2020, and they have merely stated that the deceased was found lying in a tied position and that they have prepared a video of the victim girl and except that they have not made any such statement that victim has named the applicant or any of the accused.
Counsel further submitted that in view of the above-stated facts and circumstances of the case, there is no cogent evidence against the applicant and that he has been falsely implicated merely on the basis of suspicion. It was also stated that no motorcycle has been recovered and that there is no suicide note of the deceased.
It is also submitted that the applicant is languishing in jail since October 15, 2020, having no criminal history and that in case the applicant is released on bail, he will not misuse the liberty of bail and cooperate in Trial.
A.G.A. has opposed the prayer for bail and argued that the deceased was a 15 years old girl and that on October 08, 2020, she was forcibly taken away by the applicant and co-accused persons, and thereafter she was tied and molested by accused persons, and after that due to that incident, on October 13, 2020, she has committed suicide.
The first informant has clearly stated in her statement that the victim girl has told that the applicant and two co-accused persons have committed rape upon her and that after the incident deceased used to say that due to act of accused persons she is very depressed and that she has no desire to live.
“It is correct that in the transcription of the alleged statement of the victim, which was recorded in a video, it has been mentioned that accused persons have only tied her and no bad act was done with her and they were threatening to commit rape upon her and that there were three persons and one of them was Ashish, but here it may be observed that said statement of the victim was not recorded in accordance with law and procedure.
The informant has clearly stated that her daughter has told her she was raped by the applicant and two co-accused persons”, the Court noted.
Considering the submissions of Counsel for the parties, nature of accusations, the gravity of the offense, and all attending facts and circumstances of the case, no case for bail is made out, the Court observed.
Hence, the Court rejected the bail application of applicant Kiashan Upadhyaya. Before parting with the order, the Court is constrained to observe that police have dealt with the incident dated October 08, 2020, in a very casual and insensitive manner.
The Court stated that it is apparent from the record that on October 08, 2020, when the 15 years old daughter of the informant was found in tied condition in the jungle (Nursery) and the husband of the informant has informed the police of the Police Post, Saraiyan, Chitrakoot but instead of proceeding to the spot or registering a case, S.I. Anil Kumar Sahu has sent constable Rohit Kumar and Raghvendra to the spot, who have just prepared a video of the victim girl while she was being untied. It is shocking that the police did not register a case on the information of the incident dated October 08, 2020, and no action was taken against any of the accused persons, who were present at the spot. The statement of the victim girl was not recorded in accordance with the law.
The Court further said that mere preparation of an alleged video of a victim girl by a police constable, can not be termed a statement of the victim. The Police have adopted a novel way of investigation, which was totally alien to the law and well-established norms of investigation. It is painful to see that on October 08, 2020, after receipt of information regarding the molestation of a 15 years old girl, the matter was dealt with by the police in such a casual and insensitive manner, and resultantly on the fifth day of that incident, the victim girl has ended her life by committing suicide.
“In view of these facts and circumstances, the Superintendent of Police, District Chitrakoot is directed to take strict action against the erring police officials, who are responsible for dealing the matter of incident dated October 08, 2020, in such a casual and insensitive manner and shall file an action taken report before the Registrar General, Allahabad High Court, within a period of one month from the date of receipt of a copy of the order”, the Court ordered./ILNS/AP/SNG