J&K Court Acquits Man Accused Of Raping Niece, Orders Action Against Complainant, Cops & NGO Workers For False Prosecution

A Fast Track Court in Jammu has acquitted a man accused of raping his niece, holding that the prosecution case was patently absurd and palpably improbable, and that the accused suffered incarceration for one year, seven months and eleven days in an occurrence which never took place.The Court directed a departmental enquiry against the Investigating Officer and his supervisory officer, and also directed action under Section 182 of the Ranbir Penal Code against the prosecutrix/complainant for lodging a false case, while ordering an enquiry into the involvement of two NGO workers who played an unduly overt role in initiating and pursuing the FIR.The Presiding Officer, Amarjeet Singh Langeh, while observing that “it is also shocking as to where from investigating officers in the cases like one on hand – draw courage to be law unto themselves,” held that the accused had faced the crucible of adversity and the system is not so insensitive as not to take note of it. Accordingly, the Court directed the Inspector General of Police, Jammu to initiate a departmental enquiry against the Investigating Officer and the then SHO, Police Station R.S Pura.Background:On May 14, 2022, the prosecutrix lodged a written complaint alleging that on the intervening night of May 13-14, 2022, between 12 midnight and 2 AM, her uncle (accused) barged into her room, physically assaulted her, and committed rape upon her. Based on this complaint, FIR was registered. After investigation, a challan was presented before the Judicial Magistrate, R.S Pura, which was committed to the Sessions Court and subsequently transferred to the Fast Track Court.The prosecution examined 11 witnesses, including the prosecutrix (PW-1), her mother Jyoti Chopra (PW-2), her brother Ajay Chopra (PW-3), two NGO workers – Monika Manhas (PW-4) and Dr. Richa Abrol (PW-5), the gynaecologist (PW-8), and the Investigating Officer (PW-12). The accused pleaded not guilty and claimed trial.Court's Observations:The Court found the prosecution story inherently absurd. The prosecutrix, her parents, and two uncles all resided in the same building where the occurrence allegedly took place, in a bustling neighbourhood. “For a 20 year old victim to say that her Uncle entered her room at mid-night, pulled off her trouser so conveniently, raped her twice and yet her parents and two uncles residing in the same premises did not get even a whisper of any outcry/alarm – is not only an un-palatable scenario but also defies modest of modicum of logic,” the Court observed.The Court noted that the victim did not disclose the incident to her parents immediately, instead called her brother who was away in Beas (Punjab), and then contacted a person named Rajat (who was never cited as a witness), who in turn connected her to two NGO workers. The FIR was registered belatedly at 4:30 PM on May 14, 2022, and the delay was not explained, the Court pointed. On medical evidence, the Court observed that the victim was examined on the same day at 6:05 PM, but the medical report revealed no marks of violence and no evidence of recent sexual intercourse. “Where a victim alleges rape twice in the mid-night and when she is medically examined within 24 hours and yet medical evidence does not reveal any evidence of sexual intercourse… severely undermines prosecution case,” the Court held.The testimony of the victim's mother is also fatal to the prosecution, the court said, highlighting that she deposed that when she asked her daughter why she was taking her to the police station, the victim told her that “nothing has happened to her” and concealed the truth till they reached the police station. The victim's brother (PW-3) deposed that relatives and acquaintances started visiting their residence after registration of the FIR, expressing regret and questioning why the matter was escalated legally instead of being privately settled, the court noted. The Court severely criticized the role of the two NGO workers, who introduced a new twist in court claiming that the victim's parents used coal on her body on the advice of a tantric. The Court held that the tone and tenor of the testimony demonstrated that she played an unduly overt role in initiating and pursuing the FIR, and that the police were unduly influenced by her intervention. “Such intervention by an outside entity raises grave concern about the veracity of prosecution case and potential misuse of legal process,” the Court observed.The Court found the investigation to be tainted. The Investigating Officer (PW-12) admitted that he visited the place of occurrence on the 10th day, got the victim's statement under Section 164 Cr.P.C recorded after 10 days, did not seize the victim's clothes or bedsheet, did not analyse the CCTV footage, did not obtain call detail records, and did not mention the conversation with Rajat in the case diary.The Court noted, “Here is an Investigating Officer who visits alleged place of occurrence on 10th day after occurrence...

J&K Court Acquits Man Accused Of Raping Niece, Orders Action Against Complainant, Cops & NGO Workers For False Prosecution

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J&K Court Acquits Man Accused Of Raping Niece, Orders Action Against Complainant, Cops & NGO Workers For False Prosecution

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