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Friday, 24 July 2020

Haryana Human Rights Commission takes note of Sec 399, 402 misuse

Bhartesh Singh Thakur
Tribune News Service
Chandigarh, July 23

The Haryana Human Rights Commission (HHRC) has taken cognisance of a report in The Tribune on misuse of Section 399 and 402 of the IPC by the Haryana Police and called for a report from the DGP on "whether the police have assessed the reasons for a large number of acquittals and whether they have issued any guidelines or instructions to investigating officers in this regard".

The HHRC has observed that as per the report, "similar versions had been put forward by the prosecution that on the receipt of secret information, the police party reached the spot and overheard the accused planning dacoity".

In its order, it cited that in one of the cases, the prosecution reported that the police party reached the spot 20 minutes after receipt of secret information that the accused were planning to commit dacoity and the court commented that it was impossible to believe that the accused were still making the plan even after 20 minutes.

The HHRC asked the DGP "whether the police authorities had held any seminar to make police officers aware so that the prosecution mighr be able to bring home the guilt to the accused beyond any reasonable doubt".

"Continuous failure of the police to prove the guilt against the accused shows inefficiency in conducting investigation by the police," said the order, adding that acquittals reflected filing of cases for malicious prosecution. The next hearing is on October 7.

from The Tribune

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