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Breather for CAO: High Court stays investigation
Sexual Assault Case
11/18/2016 10:58:17 PM

Early Times Report

Kishtwar, Nov 18: Nearly a month after Kishtwar police booked former Chief Agriculture Officer (CAO) Kishtwar for sexual assault on the basis of a complaint filed by the female employee the Jammu and Kashmir High Court has stayed the investigations in the case till further orders.
It's in place to mention here that complainant had alleged that the officer had sexually assaulted her in his office chambers during duty hours, the charge denied by the CAO.
As per the details available with "Early Times", the petitioner Chief Agriculture Officer Kishtwar Sunil Kaphai, now attached with Director Agriculture Jammu approach the Jammu and Kashmir High Court under Section 561-A Cr.Pc seeking quashing of an FIR No. 184/2016 registered against him by Kishtwar police and named Commissioner Secretary Home, the complainant, SHO Police Station Kishtwar and the Minister of State for Agriculture Production Sunil Kumar Sharma as respondent in the said case.
After going through the petition filled by the former CAO Kishtwar and the arguments made thereof by the counsel of the petitioner Advocate S K Shukla, Justice Janak Raj Kotwal in case MP No. 593/2016 stayed the investigation of the said FIR and issued notices to the first three respondents other than the respondent No. 4 (Sunil Kumar Sharma) with requisites for service within one week.
" Meanwhile, as ad interim, subjected to objections and till next date of hearing before the bench, investigation in FIR No. 184/2016 of police station Kishtwar shall stay" read the court order.
It is pertinent to mention to that the complainant ( name with held) had approached the Munsif Court Kishtwar and sought the directions from the court under section 356 (3) Cr.PC alleging that Chief Agriculture Officer Kishtwar Sunil Kaphai launched sexual assault on her and tried to outrage her modesty. After going through the contents of the application, Munsif judge Kishtwar Khemraj Sharma directed Station House Officer Kishtwar to investigate the matter. On the basis of the court directions, Kishtwar police registered a FIR No. 184 U/S 354 RPC and started its investigation.
While talking to "Early Times" Sunil Kaphai termed the move as politically motivated added that the allegations leveled against him are baseless. He said that he was earlier transferred by the government at behest of the local BJP Minister who according to petitioner wants undue benefits from him for his workers and his party leaders which is beyond his competency and against the rules and regulations set by the government . He added that after approaching the High Court, the court was gracious enough to grant a stay in his favor and he again assumed the charge of CAO Kishtwar after Court intervention. He said that he was apprehending such politically motivated move after they failed to damage him officially. He said that he had lodged several complaints against some BJP activists but Police did nothing, he claimed.
While elaborating on the said incident, Sunil Kaphai said that the complainant without any reason arrived in his office chamber on the said day and attacked him by throwing a chair at him added that she also threw files and office papers at him.
He said that as soon as the incident took place, he brought the matter into the notice of Deputy Commissioner Kishtwar and police and said that some police officials also visited the spot and carried out the inquiry. He said that he is innocent as similar allegations were leveled against him in past which according to him proved wrong after proper inquiry was carried out by the department. He said that he firmly believes in law of the land added that he would leave no stone unturned to prove his innocence. He said that the department also faces the shortage of staff and said that BJP Minister wants him to clear the deputation/attachments of few department employees who are very close to him to some other department and said that after his refusal, the minister also threatened him. He said that he is still facing harassment from some BJP leaders and workers and urged the Chief Minister Mehbooba Mufti and BJP president to take the notice of his complaints filed by him from time to time with Police.
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