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The court was hearing a case involving allegations of molestation and rape made by a victim reportedly in a live-in relationship, where she and her family were assaulted by relatives of her partner's wife
In a significant development, the Bombay High Court (Aurangabad Bench) has directed the Superintendent of Police (SP) in Jalgaon to intervene personally in an alleged rape case following suspicions regarding the motives of the investigating officer (IO).
The court's decision, delivered by a bench of Justice Mangesh S Patil and Justice Shailesh P Brahme, came after observing that the IO might have ulterior intentions, stating, "All these facts and circumstances in our considered view substantiate the apprehension of the petitioner and even her allegation that all is not well as far as investigation is concerned and even the Investigating Officer is not responsive and could have some ulterior intention.”
The court describing it as a "sordid state of affairs,” highlighted various discrepancies in the case. Despite compelling evidence, including medical reports and statements from the victim and witnesses recorded under Section 164 of the Code of Criminal Procedure, the IO's response has been inadequate. The prosecutor, despite possessing the investigation papers, lacked clear instructions, leaving the victim in a vulnerable position.
The case involves allegations made by the victim who was reportedly in a live-in relationship. The assault, allegedly carried out by relatives of her partner's wife, occurred in the victim's residence, where her family members and partner were also assaulted. The victim claims to have been molested, with allegations of rape.
Despite promptly reporting the incident to the police, the initial FIR did not include charges under Section 376 of the Indian Penal Code (IPC), which deals with rape. Subsequently, the charge-sheet was filed without any arrests, and temporary bail was granted to accused individuals, adding to the concerns raised by the court.
Given these troubling developments, the court directed the SP in Jalgaon to personally oversee the investigation. The SP was further instructed to thoroughly examine all aspects of the case, including the charge-sheet, and take appropriate action, including possibly replacing the IO.
Additionally, the court recommended assigning a woman police officer of at least the rank of Deputy Superintendent of Police to further investigate the case.
Cause Title: XYZ v State of Maharashtra
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