'Sordid State Of Affairs': Bombay High Court Orders SP To Personally Look Into Rape Probe After Noting IO May Have Ulterior Intentions

The Bombay High Court recently ordered the Superintendent of Police, Jalgaon to personally look into an investigation into a rape case after noting that the investigating officer (IO) may have some ulterior intentions considering his unresponsiveness.

A division bench of Justice Mangesh S Patil and Justice Shailesh P Brahme noted that despite promptly reporting to the police, the offence under Section 376 was added later in the FIR for reasons best known to the IO.

The court noted a "sordid state of affairs," observing that despite a strong motive, medical evidence, and witness statements consistent with the allegations in the FIR, the prosecutor did not have instructions on how to proceed.

“All these facts and circumstances in our considered view substantiate the apprehension of the petitioner and even her allegation that all is not well as far as investigation is concerned and even the Investigating Officer is not responsive and could have some ulterior intention. In spite of service of notice in the present matter which contains several personal allegations against him he has not even bothered to respond”, the court observed.

The charge-sheet was filed without any arrests and 11 accused secured temporary bail, but the prosecutor had no instructions from the IO regarding steps taken to contest these proceedings, the court noted. Further, despite having served as a respondent in the victim's petition, the IO failed to appear or respond to allegations against him.

The victim alleged that she was subjected to a gang rape in her home on January 11, 2024 by the family members of her live-in partner's wife. Her family members and partner were also assaulted, she said. Despite immediately approaching the police, the petitioner claimed that Police Inspector at Bhadgaon Police Station refused to register the crime.

On January 12, 2024, the medical officer of the Government Medical College and Hospital, Jalgaon refused to carry out medical examination as required for the offence of gang rape for want of specific direction regarding gang rape in the memo prepared by the Bhadgaon Police Station, and just carried out a simple medical examination, as per the victim's petition.

The FIR was registered the next day under Sections 143, 147, 148, 149, 452, 354, 324, 323, 504 and 506 of IPC but the offence of gangrape under sections 376 and 376D was not included, the petition said. Further, the victim claimed, despite direction of the Superintendent of Police, Jalgaon to arrest accused persons to carry out medical examination, the IO Shekhar Domale, Police Sub-Inspector, Bhadgaon Police Station took no action. Finally, the IO issued memo for medical examination as required for the offence of gang rape on January 23, 2024, 12 days after the incident, as per the victim's petition.

The victim alleged that the investigation officer time and again threatened her to get her to withdraw the complaint. Further, she claimed that the police did not comply with standard operating procedures mandated for cases of sexual violence, as outlined by the Bureau of Police Research and Development.

The court directed the Superintendent of Police, Jalgaon, to take appropriate steps including change in IO after thoroughly examining all aspects including the charge sheet. The court directed the appointment of a woman police officer of not less than the rank of Deputy Superintendent of Police to lead the inquiry.

With these directions, the court disposed of the writ petition filed by the victim seeking transfer of probe and disciplinary action against the IO.

Advocate Bhushan Mahajan represented the petitioner while APP AV Lavte represented the state.

Case Title – XYZ v. State of Maharashtra and Ors.

Case no. – Criminal Writ Petition No. 345 of 2024

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