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Direct UP Cops To Prepare True Site Map, Take Picture Of Crime Spot With Smart Phones During Probe: Allahabad HC To DGP

Sparsh Upadhyay
3 March 2022 7:40 AM GMT
Direct UP Cops To Prepare True Site Map, Take Picture Of Crime Spot With Smart Phones During Probe: Allahabad HC To DGP
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The Allahabad High Court recently directed the Director General of Police, U.P., to issue necessary directions to the Investigating officers regarding preparation of true site plan/map with dimensions in the correct manner and also to take photographs of the spot with smart phones.The Bench of Justice Rajeev Singh issued this order while allowing the bail plea of a gang rape accused as it...

The Allahabad High Court recently directed the Director General of Police, U.P., to issue necessary directions to the Investigating officers regarding preparation of true site plan/map with dimensions in the correct manner and also to take photographs of the spot with smart phones.

The Bench of Justice Rajeev Singh issued this order while allowing the bail plea of a gang rape accused as it noted that in the case, site plan was prepared by the Investigating Officer in a most cursory manner.

The bench also stressed that it is the duty of the Investigating Officer to take all precautions to prepare true site plan with dimensions during the course of the investigation and that it is obligatory for them to show distance from one point to other.

"Director General of Police, U.P., is directed to issue necessary direction in relation to the preparation of true site plan/map with dimensions by the Investigating Officer in the correct manner and also ensure for taking photograph of the spot and annexed with site plan, as nowadays every Investigating Officer is having smart phone," remarked the Allahabad HC.

Essentially, the bail applicant has been booked under Sections 376- D, 377, 506 I.P.C. and Section 3/4, 5 G of the POCSO Act in connection with a rape case of minor. However, the bail applicant argued that he has been falsely implicated on behest of the family of the prosecutrix as they are habitual of using the prosecutrix and her sister as a tool to implicate others in rape cases.

It was further submitted that earlier the sister of the prosecutrix had lodged a rape case against the other villagers and thereafter, she entered into compromise and the final report was submitted by the Investigating Officer. It was also contended that the medico legal report of the prosecutrix does not support the oral testimony of the prosecutrix regarding gang rape allegations.

On the other hand, the AGA opposed the prayer for grant of bail to the applicant but he did not dispute the fact that there was contradiction in the contents of the F.I.R. and the statement of the victim recorded under Section 161 CrPC. and 164 CrPC.

Against this backdrop, considering the rival submissions of the counsel for parties, considering the contents of the F.I.R. and the statement of the brother of the informant as well as medico legal report of the prosecutrix, the Court granted bail to the applicant without expressing any opinion on the merits of the case.

Case title - Ram Audhi @ Sudhir Kumar v. State Of U.P. And Anr
Case Citation:2022 LiveLaw (AB) 85

Click Here To Read/Download Order


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