Punjab & Haryana High Court Refuses Bail To ASI Probing Rape Case, Caught On Camera Accepting Bribe From Complainant

The Punjab & Haryana High Court has rejected the anticipatory bail plea of an Assistant Sub-Inspector of Police who is investigating a rape case and was recorded taking a bribe from the complainant in a viral video.

Justice Anoop Chitkara said, "the petitioner was the investigator in a very heinous offence involving Sections 376 and 328 IPC. She was allegedly accepting money from the complainant's hands, whose version the police did not find truthful and absolved the accused and instead, launched proceeding against her. The petitioner's conduct is so devastating that it can shake the faith of ordinary people and society, not only in the investigating agency but also in how some unethical people misuse penal provisions."

The Court noted that in case the video had not been circulated on social media, none would have come to know about this "clandestine deal" between the ASI and the complainant.

These observations came in an anticipatory bail plea of ASI Parveen Kaur, booked under 7 read with Section 13(2) of the Prevention of Corruption Act.

According to the prosecution, Kaur is clearly visible in a CCTV footage wearing her official uniform and accepting a bribe from the complainant, who had lodged a rape case. Allegedly, Kaur took money under the pretext of preparing a site plan in the FIR registered under Section 376 IPC, read with Section 328 IPC.

In a high level investigation, it was found that Kaur was paid Rs. 10,000 at first by the complainant of the rape case and thereafter she again demanded Rs. 25,000 which was also paid to her.

The Court also noted that the complainant has a "very shocking past of leveling allegations including registering false cases." However, it added that would not entitle the petitioner, who is a police officer, to start exploiting the complainant and take money, to impede the cause of justice by falsely implicating the innocent people.

Adding that although the CCTV footage in which Kaur is accepting bribe is not available in the DVR, the Court said, "it is not the case of the petitioner that her face was superimposed on another woman's face to show her taking a bribe."

Considering the allegations, the bench opined that if the accused in the case were exonerated after the investigation, it would demonstrate that unethical and corrupt officers, like the petitioner, not only cause injustice to innocent people but also harm the integrity of their professions.

While rejecting the bail, the Court said, "the petitioner is a woman, but considering the serious nature of the allegations leveled against her, even this factor is not sufficient to grant bail to her."

Apppearance: J.S. Toor, Advocate and Adhiraj Toor, Advocates for the petitioner.

Shiva Khurmi, AAG, Punjab.

Pushpinder Kaushal, Advocate for the complainant.

Citation: 2023 LiveLaw (PH) 177