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| Court awards 10 years RI in rape case, passes strictures against IO, SHO | | | Early Times Report
JAMMU, Dec 27: Additional Sessions Judge Udhampur SR Gandhi today awarded 10 years rigorous imprisonment and fine Rs 25000 to Mohd Yousaf son of Mangta of Balota Chigla Tehsil Ramnagar District Udhampur who was facing trial in rape of a minor.
While convicting the accused, Additional Sessions Judge Udhampur SR Gandhi observed that court would like to convey its displeasure over the manner a victim of sexual assault was made to run from the pillar to post for the registration of FIR and then the manner in which investigation was conducted by the investigating officer and lack of supervisory control over him by the then SHO Nissar Ahmed. It is evident from the prosecution evidence and record that investigating officer tried to screen the accused by conducting shoddy investigation. First of all police was reluctant to register the FIR. IO did not seize the clothes of the prosecutrix and sent to FSL for chemical examination. As per the prosecutrix her clothes were blood stained after the sexual assault. She being a rustic villager was not expected to produce it on her own to the police. She deposed that police did not ask for the clothes. Resultantly an important piece of evidence was not collected by the investigating officer. As per the statement of PW-1 she has studied up to 8th class but again neither the date of birth certificate was obtained from school concern nor she was subjected to ossification test to ascertain her age. These are the serious lapses committed deliberately by the investigating officer with intention to screen the accused and to weaken the prosecution case and help the accused. Then SHO is equally responsible for avoiding the registration of FIR and subsequent shoddy investigation inasmuch as he has recorded his satisfaction over the investigation and presentation of Challan.
The conduct of the investigating officer Abdul Wahid and SHO Nissar Ahmed inspector then SHO Police Station Bastangarh required to be enquired into. A copy of this judgment shall be forwarded to the IGP Jammu with direction that enquiry in this regard shall be conducted and its outcome shall be intimated to this court. -JNF |
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