Allahabad HC Pulls Up Police Over 'Poor' Investigation In 'Rape' Case Involving A Minor, Seeks UP DGP's Affidavit

A bench of Justice Rajeev Singh noted that despite an ultrasound report confirming the girl was nine weeks pregnant, the Investigating Officer failed to ask crucial questions about her pregnancy, an oversight also ignored by the Supervising Officer.

“This is a peculiar case of poor quality of investigation as well as supervision. In the present case, it is found that victim is aged about 14 years and in the ultra sound report, it is also observed that she was carrying pregnancy of nine weeks but no any specific question was asked about her pregnancy by Investigating Officer and same was also not observed by the Supervising Officer,” the Court remarked.

In response to these shortcomings in the investigation, the Single Judge directed the Director General of Police (DGP) of Uttar Pradesh to file an affidavit enclosing the circulars related to the accountability of the Investigating Officer, Supervising Officer, Monitoring Officer and other higher officials by the next date of listing (July 29, 2024).

The Court made these remarks while granting bail to the accused, noting that the victim had not supported the prosecution's version in her deposition.

Essentially, the victim's brother lodged an FIR in the case, claiming that on April 21, 2023, her sister went missing, and despite a search, no information could be gathered about her; thus, a missing report was lodged against unknown persons under Section 363 I.P.C.

Thereafter, the victim herself appeared at the police station and claimed that she was about 20 years old. She also stated that, annoyed by her mother's scolding, she left her house and went to her aunt's house in Kanpur.

Thereafter, her statement under Section 161 CrPC was recorded by the lady constable in which she reiterated her version as mentioned in her aforesaid application.

Thereafter, she was produced before a doctor and in her ossification test, her age was found to be 15 years. During the medicolegal examination, her hymen was found torn and healed, and no internal injury was found.

Importantly, in her ultrasound report, it was found that she was carrying a pregnancy of nine weeks on September 19, 2023.

The accused, seeking bail in the case, submitted that a charge sheet has already been filed and the trial is not going on, and in these circumstances, he should be enlarged on bail.

On the other hand, the AGA appearing for the state submitted that the applicant himself had confessed that he made physical intimation with the victim, and the parents of the victim also supported the prosecution story. Therefore, a charge sheet was submitted.

Considering the rival submissions of counsel for the applicant and the AGA, the material available on record, the contents of F.I.R., other relevant documents, the nature of the offence, and the statement of the victim recorded under Sections 161 and 164 CrPC, wherein the victim did not support the prosecution's version, the Court granted bail to the accused.

Case title - Ramchandra Yadav vs. State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko And 3 Others

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