"Serious Fault In Investigation": Delhi High Court Seeks Personal Affidavit Of Deputy Commissioner Of Police In Rape Case

Noting that there was a serious fault in the investigation conducted by the city police in a case involving allegations of rape, the Delhi High Court this week directed the Deputy Commissioner of Police, West District to file a personal affidavit within a period of three weeks.

Justice Chandra Dhari Singh noted that the statement of prosecutrix clearly stated that she was subjected to rape and that the photographs and videos were made by the accused person.

"After perusing the statement of prosecutrix and considering the submissions advanced by the learned counsel for the parties, this Court is of the view that there is a serious fault in the investigation. The Police Department/Investigating Agency has not investigated the matter properly which involved heinous crime against the women where it has been clearly alleged in the statement of prosecutrix that she was subjected to rape and also clearly stated that the photographs and videos were made by the accused," the Court said.

The Court was dealing with a plea seeking directions to monitor and supervise the investigation carried out by the Investigating Officer in an FIR registered under sec. 323, 354, 354B, 376(2) and 509 of IPC.

The plea also sought directions on the SHO concerned to arrest the accused persons and to collect the material evidence being Mobile phone, electronic device and photographs in the possession of the accused.

On a perusal of the statement of prosecutrix under sec. 164 of the Cr.P.C. which was recorded one day after lodging of the FIR, the Court found that there were specific allegations against the accused person regarding the offence of rape.

The Court noted that it was also alleged in the statement that some photographs were taken by the accused from his mobile.

On the other hand, the State had submitted that while the chargesheet was filed however the mobile phone was not recovered or seized by the Investigating Officer. It was also stated that the MLC was not conducted as per the allegations made in the statement of prosecutrix.

The State also informed the Court that the second MLC was conducted on 20th September, 2020 after one year by the second Investigating Officer. It was also informed that the first Investigating Officer, who had investigated the entire matter, had not prepared the site plan of the crime scene and it was the second investigating officer who had done so.

The State also submitted that presently, the third Investigating Officer was investigating the entire matter and the mobile phone was recovered from the accused, however, the recovered mobile phone was not the original mobile phone from which the alleged photographs and videos were made at the time of the incident.

Perusing the statement of the prosecutrix, the Court opined that there was a serious fault in the investigation.

The matter will now be heard on 28th April, 2022.

Case Title: PRIYANKA JAGGI v. THE STATE OF N.C.T. DELHI AND OTHERS

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