Friday, October 7, 2022

Three Rampur police personnel tender apology in Allahabad HC

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Three Uttar Pradesh Police personnel recently tendered an unconditional apology for attempting to influence a case in the Allahabad High Court.

A single bench of Justice Sanjay Kumar Singh was hearing a criminal appeal filed by Waseem when it came to light that officials of Tanda police station of Rampur were pressurizing the victim to settle the case. The accused, the Superintendent of Police Ashok Kumar, Additional Superintendent of Police Dharm Singh Marchhal and Investigator Sub-inspector Adesh Kumar appeared in the court and tendered an unconditional apology.

Virender, son of the complainant, has also filed his personal affidavit dated 22.5.2022. In his affidavit, he alleged that investigation has been conducted with ulterior motives in collusion with the accused persons.

It is also alleged in the affidavit that SI Adesh Kumar of police station Tanda, district Rampur is closely associated with Aquil, who is father of the co-accused Nazeev, who used to pressurize the informant and his son for a compromise. It is also mentioned in the affidavit that due to the aforesaid act of SI Adesh Kumar, the complainant and his family members are under the constant threat to their lives.

The Court Noted that,

The investigating officer in his affidavit has mentioned that the statement of the victim was recorded under Section 161 CrPC by audio and video clippings and the same is available in a pen drive, which will be produced before the Court at the time of hearing. He also tendered his unconditional and unqualified apology for ignoring the statement under Section 164 CrPC of the victim and submitting a police report under Section 173(2) CrPC relying on the statement under Section 161 CrPC.

The pen drive related to the statement of the victim of the case under Section 161 CrPC was produced before the Court during the course of argument. The said pen drive was displayed in the presence of the counsel for the parties and it was found that the statement of the victim recorded through audio and video does not match with the statement recorded under Section 161 CrPC.

Sub-Inspector Adesh Kumar in his affidavit has denied the allegations levelled against him by the victim and in the affidavit mentioned that he neither contacted the victim nor the informant and also did not put any pressure upon them. It is also mentioned in the affidavit that a bald allegation has been levelled against him without there being any substance or evidence to this effect. However, on a query by this Court, he admitted that he is in touch with Aquil, who is the father of accused Nazeev.

Ashok Kumar Singh, the Superintendent of Police, Rampur said in his affidavit that he joined as SP, Rampur on 17.04.2022. He, vide order dated 20.5.2022, has instituted an enquiry against the Sub-Inspector Adesh Kumar and Circle Officer, Swar, district Rampur has been appointed as Enquiry Officer.

Similarly by separate order dated 20.5.2022, the Superintendent of Police, Rampur has also directed proceedings against the then investigating officer. Both the aforesaid orders have been filed to the affidavit dated 24.5.2022. It is also pointed out that order for further investigation under Section 173(8) has also been passed on 20.5.2022 by him to ensure fair investigation in the matter.

So far query of the Court that in the last year in how many cases amended provision Section 161 CrPC and provisions of sub-section (10) of Section 15A of SC/ST Act have been complied with in true sense and in how many cases, the said provisions have not been followed, it was pointed out that in the last one year total 74 cases for the offence under the SC/ST Act were registered in district Rampur, of which in 30 cases the aforesaid amended provisions were followed and in the remaining 44 cases the aforesaid amended provisions were not followed. In this regard, the Superintendent of Police, Rampur has tendered his unconditional apology and undertook before the Court that in future he will be more careful and vigilant so that no such mistake may occur, the Court noted.

The Court said, in 2021, total 245 criminal cases (against women) related to sexual offences were registered in district Rampur, of which in 241 cases, the amended provisions of Section 161 CrPC have been complied with and in three cases, victims are not traceable and in one case, a victim who was a little girl was found dead.

Apart from the aforesaid facts, Ashok Kumar, the Superintendent of Police, Rampur assured the Court that he will monitor the investigation of this case and also ensure that fair investigation may be conducted in other matters also. He also assured the Court that now the concluding part of the chargesheets shall contain the specific reasons for exoneration of any accused as well as for submitting the charge sheet against any accused in order to maintain fairness in the matter in all respects.

“On putting a query about the cases in which proceedings have been video recorded, whether the audio/video recordings of the victims have been submitted before the concerned court below along with the charge sheet or not, the Superintendent of Police, Rampur prays for and is allowed some time to file affidavit in this regard.

Personal appearance of Ashok Kumar, the Superintendent of Police, Rampur, Dharm Singh Marchhal, Additional Superintendent of Police, the investigating officer of the case and Adesh Kumar, Sub-inspector of Police station Tanda, district Rampur is hereby dispensed with,” the order reads.

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