"15-Yr-Old Girl's Molestation Case Dealt With In Casual & Insensitive Manner": Allahabad HC Directs Action Against Erring Police Officials

The bench of Justice Raj Beer Singh directed the Superintendent of Police, District Chitrakoot to take strict action against the erring police officials and to file an action taken report before the Registrar General, Allahabad High Court, within a period of one month.

The Court was hearing a bail application filed by the applicant in a criminal case registered under Sections 305, 341, 376D IPC and Section 4 POCSO Act & 3(2)(V) SC/ST Act.

The case before the Court

According to the prosecution version, the daughter of the first informant (15-year-old) was found lying in the nursery and her hands and feet were lying tied.

The victim/daughter told her father/the informant that three persons have brought her there and the informant came to know that applicant and co-accused persons have committed rape upon her.

It was alleged that due to the incident dated October 8, 2020, on October 13, 2020, the victim/daughter committed suicide.

On the other hand, the counsel for the applicant argued that in the case diary, in the transcription of the statement of the deceased girl, which was recorded by the constable in the video, she had mentioned the name of co-accused Ashish only and she had also stated that she was only tied by the accused persons and no bad act was done with her and that they were only saying that they would commit bad act with her.

Court's observations

At the outset, the Court noted that though it was correct that in the transcription of the alleged statement of the victim, it had been mentioned that accused persons have only tied her and no bad act was done with her and they were threatening to commit rape upon her, but, the Court added that the said statement of the victim was not recorded in accordance with law and the procedure by the Constables.

Therefore, relying on the statement of the informant that his daughter had clearly stated that she was raped by applicant and two co-accused persons, the Court denied bail to the accused.

Further, regarding the role of the police in dealing with the matter, the Court made the following observation:

• Instead of proceeding to the spot or registering a case, S.I. Anil Kumar Sahu sent constable Rohit Kumar and Raghvendra to the spot, who just got prepared a video of the victim girl while she was being untied.
• It is shocking that the police did not register a case on the information of the incident dated 08.10.2020 and no action was taken against any of the accused persons, who were present at the spot.
• The statement of the victim girl was not recorded in accordance with law.

Further, the court also observed that mere preparation of alleged video of victim girl by a police constable, cannot be termed a statement of the victim.

"It is painful to see that on 08.10.2020 after receipt of information regarding molestation of a 15 years old girl, the matter was dealt with by the police in such a casual and insensitive manner and resultantly on the fifth day of that incident, victim girl has ended her life by committing suicide," the Court further added.

Case title - Kishan Upadhyaya v. State of U.P. and Another

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