Delhi High Court Upholds Conviction Of Lawyer, Cop For Falsely Implicating Man In Gang Rape Case And Tortured In Police Custody

The Delhi High Court has upheld conviction of a lawyer and a cop for extortion and falsely implicating a man, now deceased, in a false gang rape case who was later on beaten up and tortured in police custody. Justice Chandrasekharan Sudha said that a strong message must be sent to the people occupying positions like a lawyer or a police officer that Courts would not treat such crimes lightly or turn a blind eye to such blatant misuse of their position and authority. The Court upheld the conviction and sentence imposed on the two for the offences punishable under Sections 120B (criminal conspiracy), 193 (false evidence), 195 (fabricating false evidence), 218 (public servant framing incorrect record or writing with intent), 465 (forgery) and 389 (putting a person in fear of false accusations) of the Indian Penal Code, 1860. The victim Sushil Gulati was falsely implicated in a gang rape case filed in 2020 using fabricated records and a staged victim. DNA evidence later matched semen to another individual. Gulati was discharged in 2001. He later died in 2014.The lawyer and the sub inspector were later convicted by the trial court in 2016 and were sentenced to 4 years of imprisonment, with fines totaling Rs 1.5 lakh each. It was also directed that in case of realisation of the fine amount, Rs. 2 lakh be paid as token compensation to Gulati's legal representatives for causing enormous damage to his reputation and character. Upholding their conviction and sentence, Justice Sudha observed that Gulati remained consistently present before the trial court on all dates of hearing but he was never cross-examined. It further said that the examination-in-chief of Gulati was recorded over a span of one year, and for nearly two subsequent years, while other prosecution witnesses were examined, he, being the victim, himself was never cross-examined.“PW12 Sushil Gulati was not only falsely implicated in a heinous crime of gang rape but was also subjected to custodial violence and undue harassment at the hands of the police. He was further harassed by being repeatedly summoned to court on multiple dates, only to be sent back without his cross-examination being conducted. It is a matter of great concern that the trial court also did not effectively step in to prevent the harassment,” the Court said. Further, the judge said that that “quite an insensitive argument” was advanced on behalf of the lawyer and the cop before the trial court that “they had no insight or supernatural knowledge that the witness would die later on.”Justice Sudha said nobody need have such “insight or supernatural knowledge” But they could have prevented the situation by cross-examining Gulati promptly instead of seeking adjournment on every occasion possible. This is nothing but a clear abuse of the process of law, the Court added. The Court also observed that Gulati died on December 19, 20141 nearly three years after the completion of his examination-in-chief, adding that there was more than ample time to complete his examination. “PW12 seems to have been harassed to the maximum extent possible. Not only was he falsely implicated in an offence of such heinous nature and later on beaten up/tortured in police custody, even after the matter came up before the trial court, no effective steps are seen taken to protect him or at least prevent harassment,” the Court said. “On the other hand, he is seen to have been harassed to the maximum extent possible by making him appear before the court about 20 times, but sending him back without examining him. The trial court ought to have been more vigilant and ought not to have granted adjournments on the mere asking by the defence,” it added. While the Court dismissed the appeals of the lawyer and sub inspector, it partly allowed the appeal filed by Gulati enhancement of the sentence and the compensation awarded. The Court modified the sentence and said that the entire fine of Rs. 3 lakh shall be paid as compensation to Gulati's legal representatives. Title: HAJI MOHD. ALTAF v. STATE & other connected mattersCitation: 2026 LiveLaw (Del) 340Click here to read order

Delhi High Court Upholds Conviction Of Lawyer, Cop For Falsely Implicating Man In Gang Rape Case And Tortured In Police Custody

Nupur Thapliyal

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