'Treachery Of The Highest Order": Court Raps Delhi Police For Filing Two Distinct Chargesheets In Minor Rape Case, Calls For Legal Action

A Delhi Court has pulled up police officials for filing two distinct sets of chargesheets in a minor rape case. It observed that it was a classic case of abuse of power by police where a fraud was played upon the Court.

While one set of the chargesheet was filed with the court and accused's counsel, the other was filed with the public prosecutor and complainant's counsel, wherein material facts were allegedly omitted.

Observing that the police officials had prejudiced accused's right to fair trial, Additional Sessions Judge Gaurav Rao directed the Commissioner of Police to initiate inquiry and register a case under appropriate provisions against the officers for committing fraud upon the Court.

Further calling the conduct of the police officials as perfidious and reprehensible, the Court observed:

"Filing of two distinct sets of charge sheet, one with the court & accused and other with the Ld. Addl PP for the State & Ld. Counsel for complainant amounts to perjury/fraud and cheating. It amounts to interference with the justice dispensation process. There cannot be any bigger fraud committed upon the court and there cannot be more prejudicial act than the one committed in the present case. It is treachery of the highest order."

The Court also noted that there were other lapses in the matter which were grave and serious in nature and appeared to be deliberate and intentional.

"To point the least, the statement of the counselor and the house owner where the victim was allegedly kept had given clean chit to the accused and pointed towards involvement of one Umer. The investigation is absolutely silent on this aspect," it added.

Accordingly, the Court summoned the concerned DCP to remain present in the court on the next date of hearing.

The Court was dealing with a case concerning rape of a 14 year old minor girl. 

The accused was arrested in March for allegedly raping and kidnapping the minor. The FIR was registered under Sections 363 (kidnapping), 366 (Kidnapping, abducting or inducing woman to compel her marriage), 376 (Rape), 342 (wrongful confinement) and 506 (criminal intimidation) of the IPC and Section 6 of the POCSO Act.

CaseTitle: State v. Shawez