Bombay HC Raps IO For 'False Replies' Over Sexual Assault Investigation, Orders State To Explain 'Lacunae' In Probing Crimes Against Women

The Bombay High Court recently took note of the 'deficiencies' in the investigations pertaining to offences against women and directed the Additional Chief Secretary to file an affidavit explaining why the police investigation in such serious offences lacks the 'basic tenets of investigation.'

A division bench of Justices Ajay Gadkari and Dr Neela Gokhale took exception to a 'shoddy' probe in an alleged case of inter alia sexual assault, wherein the investigating officer attached to the Yavat Police Station, Pune rural, did not seize the clothes of the victim in the case, who was undressed on the street by the accused, during a quarrel.

"After perusing the Chargesheet, we are not only shocked but quite appalled. The basic document for corroborating the allegation of the informant and the other victim, i.e. the seizure of clothes Panchanama of the dress/cloths of the victim, is absent from the said Chargesheet," the judges recorded on August 12.

When the judges confronted the I.O Ajinkya Daundkar about the said 'serious lacuna' in the investigation, he told the bench that since the victim, was also named as an accused in another complaint (filed by the accused in the instant case), she (the victim) was absconding and therefore the said panchanama could not be effected. Further, the I.O. informed the bench that since the victim did not bring another set of clothes to wear, her 'torn' clothes were not seized under a panchnama.

The bench, however, noted from the chargesheet that the submissions of the IO Daundkar were 'palpably false and contrary to the record.' The judges were further irked over the fact that the I.O. did not bring the copy of the 'case diary' and in fact told the bench that he did not find it necessary to bring the case diary copy in the courtroom.

"We are confounded to hear the evasive and false replies given by IO Daundkar to the Court. After hearing the answers given by him our conscience is shaken," the judges observed.

This conduct of the IO the bench said reflected his 'interest' which was 'more' to protect the interest of the accused person than to protect the interest of a victim of sexual assault in the crime.

"We may note here that, this is a paradox to the claim usually made by the State Administration that, offences against women are being treated seriously and investigated promptly by the State. This is the best example as to how the claim of the State is being frustrated by the law enforcers," the judges underscored.

In its order, the bench noted that it has been regularly observing such types of lacunae and deficiencies in the investigation of similar types of offences against women.

"According to us, keeping such lacunae in the investigation would ultimately benefit the accused. Invariably we are coming across such situations wherein the basic tenets of investigation are not adhered to," the judges pointed out, adding, "Therefore we find it appropriate and imperative to bring these facts to the notice of the highest executive in the hierarchy of the Police Department i.e. the Additional Chief Secretary, Home Department, Government of Maharashtra."

The bench, therefore, ordered the Additional Chief Secretary to file its affidavit within 2 weeks. The matter will be heard next on September 3.

The bench was hearing a plea filed by one Ravindra Lagad seeking to quash an FIR lodged against him on April 30, 2024 under charges of outraging modesty, criminal intimidation and other relevant provisions of the Indian Penal Code (IPC). As per the prosecution case, a quarrel took place between the complainant and the accused abused the victim and her mother, in a filthy language and even tore the clothes of the victim, undressing her. 

Appearance:

Advocate Ghansham Jadhav appeared for the Petitioner.

Additional Public Prosecutor Ashish Satpute represented the State.

Case Details: Ravindra Dnyaneshwar Lagad vs State of Maharashtra 

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