Cops Pulled Up for Twisting Evidence to Acquit Rapist
The Delhi Police Commissioner has been asked by a fast track court to initiate an inquiry against some cops, including a woman officer, for "twisting and manipulating" evidence in a kidnapping and rape case which led to acquittal of an accused.
The court, set up to try cases of sexual offences against women, asked the Commissioner to sensitise and train the police officials, found guilty in the matter, so that such incidents does not occur again.
Additional Sessions Judge Virender Bhat made these remarks while acquitting a youth of the charges of kidnapping and raping a girl in June 2010.
"Let a copy of the judgement be sent to the Additional Commissioner, South West Delhi and the Commissioner of Delhi Police so that they get to know how their subordinates are conducting investigation and telling lies in the court.
"... If found necessary, to initiate inquiry in order to find out why the twisted and manipulated version of case was put up before the court in this case and to sensitise and train the officials found guilty so that such incidents do not occur again," the court said.
It also pulled up woman investigating officer (IO) -- Sub Inspector Sunita Sharma -- for "botching up" the probe in the case in collision with the father of the girl, saying she had investigated the case under the influence and control of the complainant.
"Before parting with, I find it my duty to put on record the pain and anguish of this court for the manner in which the IO has botched up the investigation at the instance of and in collusion with the father of the prosecutrix.
"She appears to have danced to the tunes of the complainant and mentioned twisted facts in the charge sheet. It is clear case, not of shoddy investigation but of investigation under the influence and control of the complainant," the judge said.
Acquitting Mohammed Bashit Ali of charges of raping the girl, the court said, "Taking into account, overall facts and circumstances, in which the prosecutrix had herself voluntarily accompanied the accused to Mumbai and was staying there with him willingly, it is difficult to believe that he had committed sexual intercourse with her against her will. Even this fact is also not established from the overall testimony of the girl".
A case of kidnapping was lodged by the girl's father in June 2010 when his 14-year-old daughter did not return home from the market.
The man told police that his neighbours had last seen his daughter with Ali and he might have taken her to Mumbai to his friend's place.
According to police, Ali and the girl were not found in Mumbai and the accused was later on nabbed along with the minor in Mahavir Enclave here based on secret information.
However, during the trial, the court found that the accused was apprehended in Mumbai by cops there and was brought here by two officials of the Delhi Police.
"The IO also spoke a blatant lie in this regard before this court while appearing as a prosecution witness. The other police officials appearing as prosecution witnesses also lied in the court in this regard at the behest of the IO," it said.
The court also said that the police officials of Ulhas Nagar police station in Mumbai have not been examined as witnesses by the prosecution.
"It is not clear that under what circumstances and on the basis of what information was the accused arrested by the police officials in Mumbai," it added.