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Madhya Pradesh High Court Orders Enquiry Against Police Officer For Suppressing Evidence In Rape Case

Zeeshan Thomas
25 March 2022 5:24 AM GMT
Madhya Pradesh High Court Orders Enquiry Against Police Officer For Suppressing Evidence In Rape Case
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The Madhya Pradesh High Court recently directed enquiry against a Police Officer for suppressing evidence, by not furnishing information regarding the video clip of the alleged rape in the case diary, which was sent to the Office of the Advocate General.Justice Vivek Agarwal was dealing with a bail application moved by the Applicant accused for offences punishable under Sections 376 (rape),...

The Madhya Pradesh High Court recently directed enquiry against a Police Officer for suppressing evidence, by not furnishing information regarding the video clip of the alleged rape in the case diary, which was sent to the Office of the Advocate General.

Justice Vivek Agarwal was dealing with a bail application moved by the Applicant accused for offences punishable under Sections 376 (rape), 506 (criminal intimidation) IPC, under Sections 3,4 POCSO Act, under Sections 3(1)(W)(ii), 3(2)(v) SC ST (Prevention of Atrocities) Act and under Sections 67, 67(A) The Information Technology Act.

As per the prosecution story, the Applicant was known to the Prosecutrix and had committed rape upon her. He took a video of the same and threatened her not to speak of it with anyone. Later on, the Prosecutrix received the said video on her mobile phone. She then brought it to the notice of her mother who took her to the police station to register the crime.

The Court, while examining the submissions of the parties, drew its attention to the fact that despite the Prosecutrix producing the video clip before the police, the same was not made a part of the case diary. The Court, vide order dated 22.03.2022, directed the police to provide an explanation for the lapse-

Police is required to answer that when prosecutrix received video, as her mobile and had approached the police authorities, then why video was not downloaded and made part of the case diary. Investigating Officer is directed to remain personally present before this Court on 24.03.2022 to explain as to why video was not retrieved from the mobile and has been made part of the case diary.

On the next date of hearing, the Court noted the submissions of the Investigating Officer and observed that prima facie the Police Officer who forwarded the case diary to the Office of the A.G. was guilty of suppressing evidence, so as to facilitate the bail of the accused-

It is evident that the T.I of Police Station Sleemnabad, District Katni is prima facie guilty of suppressing the correct facts & not forwarding the relevant copies of the document(s), which were filed before the competent Court on 12.10.2021 whereas the case diary was received in the Office of the Advocate General on 3.2.2022.

With the aforesaid observations, the Court directed an enquiry against the Officer concerned-

Let Deputy Inspector General of Police, Jabalpur Zone, Jabalpur conduct an inquiry into the conduct of delinquency on the part of the T.I. Sleemnabad, District Katni, who has forwarded incomplete case diary pertaining to Crime No.424/2021 suppressing the material document(s) so as to facilitate bail of the accused & furnish its report through Principal Registrar (Judicial) in a sealed cover within a period of seven days from today.

The bail plea was dismissed as withdrawn.

Case Title: Shivkumar Kushwaha V The State Of Madhya Pradesh

Citation: 2022 LiveLaw (MP) 83

Click Here To Read/Download Order

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