JAIPUR: Rajasthan Excessive Courtroom has ordered the suspension of RPS officer Kushal Singh for tardy investigation into the kidnapping and gangrape of a minor beneath Khushkhera police station in Alwar district in 2019. The investigating officer had ignored an accused within the FIR on the idea of his cellular location regardless of the sufferer in her assertion claiming the accused had sexually assaulted her.
The only bench of Justice S P Sharma gave the path throughout the listening to of the bail plea of the opposite accused, Munfed.
The petitioner mentioned Munfed’s confederate Toufik was not made as an accused throughout the investigation as his cellular location confirmed his presence in Haryana. This led to the presumption that Toufik was not concerned in abducting and raping the lady together with Munfed.
The court docket mentioned, “It’s not happy with the reason preserving in view the assertion made beneath Part 164 CrPC by the rape prosecutrix (survivor) whereby she has said that she was raped by Toufik. It’s a case the place the investigating officer has tried to avoid wasting co-accused Toufik by doubting the assertion made beneath Part 164 CrPC by the prosecutrix. It goes opposite to the provisions of Part 114A of the Indian Proof Act,” the court docket mentioned.
The court docket order mentioned the IO couldn’t presume in any other case than the assertion which is on document. It additionally weakens the case towards the co-accused. From the perusal of the challan papers, this court docket finds that the prosecutrix has given the assertion beneath Part 164 CrPC the place her age has been talked about as 14 years.
However the IO has additionally on the idea of some report obtained from the radiologist handled the age of the prosecutrix as between 19 to 21 years which isn’t doable as her mother and father within the FIR talked about that he age as modified from 14 years to 19 years. Apparently, the IO has tried to avoid wasting the accused individuals which is a critical offence.
The court docket mentioned, “The Director Common of Police is directed to take departmental motion and provoke departmental proceedings for main penalty towards the investigating officer after suspending him from service instantly.”
(The sufferer’s id has not been revealed to guard her privateness as per Supreme Courtroom directives on circumstances associated to sexual assault)