Unless People Protest, You Won't Take Offences Against Women Seriously? Bombay High Court Raps Maharashtra Police

The Bombay High Court on Wednesday came down heavily on the Maharashtra Government over the shoddy probe in a rape case.

A division bench of Justices Ajay Gadkari and Dr Neela Gokhale expressed their anguish, while noting 'deficiencies' in the investigation of a case related to the rape of a minor girl, whose four and half months foetus was aborted and all the evidence regarding the same was discarded by a private hospital in Mumbai.

The bench taking cue from the protests that took place in Badlapur, where two kindergarten girls were sexually assaulted by a cleaner, asked if the Maharashtra Police will investigate cases of crimes against women and children, only after people raise their voices.

"Unless people protest your department won't investigate? Is the State of Maharashtra trying to give us a signal that unless people protest it won't take crimes against women seriously? Everyday we are hearing of some or the other rape or a POCSO case," a visibly enraged Justice Gadkari orally remarked.

This came after Additional Public Prosecutor Ashish Satpute told the judges that the Deputy Commissioner of Police (DCP) Pournima Chowgule-Shringi, who was summoned by the bench in the morning session, had been busy to handle the law and order situation in her area at Nallasopara in Thane district which emerged as a repercussion of Tuesday's (August 20's) protests in Badlapur.

Further, the bench lamented how it comes across at least four to five cases of POCSO or rape cases daily, in which the police has done a 'shoddy probe.'

"Everyday, we come across at least four cases of serious crimes against women which aren't probed properly... This is pathetic... Don't you have specialised officers or women officers? Why to let only constables and head constables probe the cases. Why isn't the Police sensitive in such cases," the judges observed.

The judges pointed out that several orders have been passed by the very bench, voicing out concerns over the fashion in which investigations are being conducted in cases related to women and children. It said the State Government, if unable to properly investigate the cases, must make a public declaration that it will not henceforth probe such serious cases.

"Why don't the State of Maharashtra declare that probe in offences against women and children will henceforth, not be probed properly or would not be probed at all. Or if done, will be done in a most casual manner. You should make a public declaration that the State is not serious about investigating such cases," Justice Gadkari remarked.

In the second session, when the DCP Chowgule-Shringi appeared before the judges, the bench sought to know how the police were not aware of the 'hasty' abortion carried out on the victim, who was a minor at the time of incident (May 2022).

"Had we not taken judicial note, this couldn't have come to light. Shouldn't we record that all this is being done only to assist the accused in a POCSO case. How can the hospital carry out termination of a 4 and a half months foetus by consent of the minor girl, who lodged Rape case against accused...And worst is how can the hospital not maintain the evidence and go ahead and discard the entire evidence despite our clear orders that whenever the pregnancy of a rape victim is aborted, the tissue needs to be preserved for the purpose of DNA Sampling," the judges said.

The lady officer, however, told the judges that the police has recorded section 164 statements of the victim.

"But how will you prove the fact that the accused impregnated the victim? What if the court says the 164 statements are not inspiring confidence? Where does the case go then? Will this not help the accused? Is the police not helping the accused to save him from the clutches of law? How can the hospital destroy such vital piece of evidence," the bench said.

The bench was further irked to note that it was dealing with a plea filed by one of the three accused, who sought to quash the First Information Report (FIR) in the gang rape case of the minor girl on 'consent.'

The judges, therefore, ordered the DCP to file a comprehensive affidavit spelling out how it proposes to go about further in investigating the case properly and all what action it proposes to take against the hospital, which destroyed the evidence.

The bench further ordered the police authorities to ascertain if the consent taken by the applicant Tarun Singh, from the victim and her family to quash the FIR, was taken fraudulently or by pressurising the family.

Make Investigating Officer An Accused For Falsely Implicating Man In A Fake Kidnapping Case

In another case, wherein an alleged 'fake' kidnapping case was filed against a man in Bhayander Police Station, the bench sought to know from the State Police if it would implicate the investigating officer an accused in the case, for falsely implicating the man, before the court, who sought to quash the said FIR against him.

"How can the IO implicate anyone in a bogus case? How can he violate the fundamental right to liberty of an Indian citizen? Falsely implicating an Indian citizen in a criminal case violates their rights provided under Article 21 of the Constitution of India," the judges observed orally.

In this case also, the judges bemoaned the shoddy probe in cases related to women and children. It therefore, ordered the additional public prosecutor to take instructions from the Advocate General and also the Commissioner of Police, Mira-Bhayander, on whether it will make the IO an accused in the case.