There is a plethora of cases where many accused persons charge-sheeted by the investigating agencies get discharged or acquitted due to lack of evidence.
The Supreme Court has, in various cases like State of Gujarat vs Kishanbhai and Others, spoken about how only persons against whom sufficient evidence is present should be made to face the rigors of criminal prosecution, besides putting in place a mechanism to ensure against acquittal due to blameworthy lapses in investigation.
However, the probe agencies do not seem to be following the law as they continue to file charge sheets without any teeth.
Assistant Public Prosecutor Jamshed Ansari, posted with a Mahila court in south district, addressed a letter to the Deputy Commissioner of Police, South District, Hauz Khas, on Tuesday bringing to his notice that Station House Officer/ Investigating Officers of the police station concerned have been forwarding charge sheet without paying any heed to the objection raised by the prosecution branch during the scrutiny of the charge sheet.
This, he said, was in blatant violation of the law laid down by the Supreme Court in State of Gujarat vs Kishanbhai and Others and also in Udit Raj vs State, besides standing order number 444 / 2016.
APP Ansari said in many cases there is no evidence yet the charge sheet is being forwarded by the SHO and ACP in routine and unwarranted manner despite objections raised by prosecution branch resulting in discharge/ acquittal of the accused.
“Hence, the court is unnecessarily being burdened in disposing of toothless cases,” he said in the complaint submitted to the chief prosecutor for being forwarded to the DCP concerned.
Ansari also cited one case registered at police station Hauz Khas where there was a flagrant violation of law by the investigating agency which went ahead with charge sheeting a woman for voyeurism.
He said the police had charge-sheeted a female for offence under Section 354-C IPC (any man watching or capturing the image of a woman engaging in a private act…).
“Despite the prosecution branch specifically pointing out that as per provisions of section 354 C IPC, a female cannot be charge-sheeted yet the investigating agency send the charge sheet to the court for trial. The investigating agency was so overzealous to prosecute the female for offence under section 354-C IPC against the mandate of law for reasons best known to them,” he said.
The Prosecutor requested that the SHO/ ACPs be directed to pay attention to the objections raised by the prosecution branch before sending the charge sheet to the court for trial so that only those charged sheet can be sent for trial in which there is evidence and the same will also help the courts in administration of justice which are otherwise flooded with cases.
He demanded action against SHO in the case where the female was prosecuted under Section 354-C IPC.