Mumbai: The Bombay High Court has directed the Maharashtra Director General of Police (DGP) to appoint a senior IPS rank officer to carry out investigations into an alleged gang rape case in Solapur after the rape survivor approached the court with her plea to transfer her case, accusing the present investigation team of protecting the accused. The court has also asked the police to give the victim 24/7 security.
The alleged gangrape took place on Oct 31, 2021. The police recorded the victim’s statement in Jan 2022 and filed the charge sheet in February.
The victim in her plea submitted on May 9 stated that the police side-lined her statement recorded under section 164 of the Code of Criminal Procedure (CrPC) and have relied on an alibi of the accused while filing the chargesheet.
The HC bench has asked the magistrate court not to take any step on the charge sheet filed till further orders and has also directed an inquiry against the investigating officer (IO) of the Solapur police.
The HC has also directed its registry to hand deliver a copy of the order to the Home Minister, Law Minister of Maharashtra and the State Women’s Commission for their information and record.
While passing the order on Dec 21, the HC observed that it is very unhappy over repeated cases of such nature where the police is allegedly involved in protecting the rape accused.
“It clearly appears to us that the IO with a view to protecting both the accused persons from the crime of higher degree has indulged into the said act. It further appears that he is interested in protecting the accused in such an offence of serious nature. The facts as unfurled are not only astonishing but flabbergasting and shake the consciousness of this court,” the court said.
The court said that it has noted at least three such cases in last three weeks wherein the statement of the prosecution has been totally disbelieved in the grave and a serious offence under section 376 of the Indian Penal Code by not following the law enunciated by the Supreme Court.
