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Allahabad High Court flays UP Police for ‘insensitive’ handling of molestation case of minor

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The Allahabad High Court has come down heavily on the Uttar Pradesh police for dealing with the molestation case of a 15-year-old girl in a very casual and insensitive manner, stating that due to the careless attitude of Police, the victim committed suicide after five days of the incident.

A Single-Judge Bench of Justice Raj Beer Singh further directed the Superintendent of Police, District Chitrakoot, to take strict action against the erring police officials, and file an action taken report before the Court within one month.

Justice Singh passed this order on Tuesday, while hearing a criminal miscellaneous bail application filed by Kishan Upadhyaya in a case registered against him under Sections 305, 341 and 376D of IPC; Section 4 of the POCSO Act and Section 3(2)(V) of the SC/ST Act at Police Station Kotwali Karvi, District Chitrakoot.

According to the prosecution, on October 8, 2020 at around 1330 hrs, when a woman (first informant) returned from field, she found her 15-year-old daughter missing from home. After searching for a while, she found her lying in the nursery, with her hands and feet tied. The girl told her mother that three persons brought her there and raped her.

Her father informed the matter at Police Post, Saraiyan, Chitrakoot, but instead of proceeding to the spot or registering a case, Sub-Inspector Anil Kumar Sahu sent Constables Rohit Kumar and Raghvendra to the spot, who just prepared a video of the girl, while she was being untied, alleged the mother of the victim, adding that due to the incident, the girl committed suicide on October 13, five days after the incident.

It is shocking that the police did not register a case on the information of the incident dated October 08, 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.

It has been argued by the Counsel for the applicant that the applicant is innocent and he has been falsely implicated in the case. As per prosecution version, alleged incident of molestation of deceased girl has taken place on October 8, 2020 but after that incident, no report was lodged and that the FIR has been lodged on October 13, 2020 after deceased has committed suicide.

In the first information report, there is no such version that after the incident dated October 8, 2020, the first informant has informed the police or that any video of statement of deceased was prepared and thus, it is an afterthought version, which has been introduced during investigation.

Counsel for the applicant submitted that in the case diary, in the transcription of statement of deceased girl, which was recorded in the video, she has mentioned the name of co-accused Ashish only and she has 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.

It was submitted that the statement of the informant, that her daughter has told the name of the applicant, is false as no such fact has been mentioned in the statement of the deceased, which was recorded in a video.

Counsel has also referred to the statement of constable Rohit Kumar and Raghvendra Kumar, who have allegedly reached at the spot on October 8, 2020, and they have merely stated that the deceased was found lying in a tied position and that they have prepared a video of the victim girl and except that they have not made any such statement that victim has named the applicant or any of the accused.

Counsel further submitted that in view of the above-stated facts and circumstances of the case, there is no cogent evidence against the applicant and that he has been falsely implicated merely on the basis of suspicion. It was also stated that no motorcycle has been recovered and that there is no suicide note of the deceased.

It is also submitted that the applicant is languishing in jail since October 15, 2020, having no criminal history and that in case the applicant is released on bail, he will not misuse the liberty of bail and cooperate in Trial.

Also Read: Allahabad High Court sets aside UP govt order designating two Gond sub-castes in ST category

A.G.A. has opposed the prayer for bail and argued that deceased was a 15 years old girl and that on October 8, 2020 she was forcibly taken away by the applicant and co-accused persons and thereafter she was tied and molested by accused persons and after that due to that incident, on October 13, 2020 she has committed suicide.

The first informant has clearly stated in her statement that the victim girl has told that applicant and two co-accused persons have committed rape upon her and that after incident deceased used to say that due to act of accused persons she is very depressed and that she has no desire to live.

“It is correct that in the transcription of the alleged statement of the victim, which was recorded in a video, it has 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 and that there were three persons and one of them was Ashish, but here it may be observed that said statement of victim was not recorded in accordance with law and procedure.

The informant has clearly stated that her daughter has told her she was raped by the applicant and two co-accused persons”, the Court noted.

Considering the submissions of Counsel for the parties, nature of accusations, gravity of offence and all attending facts and circumstances of case, no case for bail is made out, the Court observed.

Also Read: Confessional statement of accused cannot be considered in bits and pieces: Allahabad High Court

Hence, the Court rejected the bail application of applicant Kiashan Upadhyaya. Before parting with the order, the Court is constrained to observe that police have dealt with the incident dated October 08, 2020 in a very casual and insensitive manner.

The Court stated that, it is apparent from record that on October 08, 2020 when the 15 years old daughter of informant was found in tied condition in jungle (Nursery) and the husband of informant has informed the police of Police Post, Saraiyan, Chitrakoot but instead of proceeding to the spot or registering a case, S.I. Anil Kumar Sahu has sent constable Rohit Kumar and Raghvendra to the spot, who have just 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 October 08, 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.

The Court further said that mere preparation of an alleged video of a victim girl by a police constable, can not  be termed a statement of victim. The Police have adopted a novel way of investigation, which was totally alien to the law and well established norms of investigation. It is painful to see that on October 08, 2020 after receipt of information regarding molestation of a 15 years old girl, the matter was dealt with by the police in such casual and insensitive manner and resultantly on the fifth day of that incident, victim girl has ended her life by committing suicide.

“In view of these facts and circumstances, the Superintendent of Police, District Chitrakoot is directed to take strict action against the erring police officials, who are responsible for dealing the matter of incident dated October 8, 2020 in such a casual and insensitive manner and shall file an Action taken report before the Registrar General, Allahabad High Court, within a period of one month from the date of receipt of copy of the order”,

the Court ordered.

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