Untraceable By Police, Rape Accused Photographed In HC For Affidavit: 'Shocked' Allahabad HC Slams IO, Mulls CBI Probe

The Allahabad High Court recently pulled up the Prayagraj Police over their failure to apprehend a gang-rape accused who was practically participating in his own case hearings, while police officials claimed he was untraceable. A bench of Justice JJ Munir and Justice Tarun Saxena was further 'shocked' to note that the accused had recently been photographed by the High Court's official camera for the purpose of filing a counter-affidavit in the criminal writ petition filed by the informant-victim. Though the bench granted the police 10 days to trace him, it also directed the impleadment of the Central Bureau of Investigation (CBI) and is contemplating transferring the probe to the Central agency. Briefly put, in her plea, the informant-victim in the case claimed that the Police had failed to conclude the investigation or apprehend the accused-Yaqoob, for over five months. In the previous hearings, the bench expressed its displeasure over the delay in the investigation and even summoned the concerned Circle Officer and the Investigating Officer [ACP Dhoomanganj, Prayagraj]. The IO, however, could not trace the accused-respondent no. 8. The Court was also not satisfied with his efforts, as detailed in his compliance affidavit and it summarily dismissed his efforts. "He has a tale to tell us how much efforts he has put in, but all to no avail. The compliance affidavit is nothing but an effort to gain time. We do not know if the buying of all this time is to help the accused, or to help the Police themselves", the Court observed. The bench further observed that it could not sit back with folded hands and permit the fugitive to remain at large. However, at this point, the proceedings took an interesting turn when a counsel appeared on behalf of the absconding accused. When the Bench asked him to produce his client (the accused in question) before the Court, his lawyer expressed logical hesitation and requested time to seek instructions. In view of this submission, the bench opined that the accused was "playing games with the Court". "Whether the Police are siding with him, as we suspect in the matter, would be determined in a few days to come", the bench further noted. The bench was further shocked to note that his advocate had even filed a short counter-affidavit on his behalf, which was sworn at Prayagraj. Interestingly, the affidavit included a photograph of the accused, taken by the High Court's official camera, just two days before the hearing. Though the bench took the affidavit on record, it remarked thus: "It is really shocking that a fugitive, who is roaming so close to the High Court and almost taking part in the process of hearing of this writ petition, is away from the hands of the Police and cannot be apprehended. It speaks volumes about the fidelity of the Officer, who is investigating the matter, prima facie. Let this affidavit be taken on record and numbered by the Office". Thus, impleading the CBI and granting the IO a final chance to trace the accused, the matter was posted for further hearing on May 8.

Untraceable By Police, Rape Accused Photographed In HC For Affidavit: 'Shocked' Allahabad HC Slams IO, Mulls CBI Probe

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Untraceable By Police, Rape Accused Photographed In HC For Affidavit: 'Shocked' Allahabad HC Slams IO, Mulls CBI Probe

Sparsh Upadhyay

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