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Wednesday, 10 February 2021

Court slams cops for shoddy probe in rape case, acquits accused teacher

Ramkrishan Upadhyay

Tribune news service

Chandigarh, February 9

In a judgment liable to have a far-reaching effect, the UT Additional Session Judge, Fast Track Special Court, Dr Gagan Geet Kaur, has slammed the Chandigarh police for shoddy investigation while acquitting a person of rape charge. The court ordered the forwarding of the judgment to the UT Director-General of Police to sensitise police officers to rape case investigation.

While pointing out shortcomings in the probe, the Judge asserted it was a classic case in which police officials violated the mandatory provisions and made a mockery of law.

The Chandigarh police arrested a teacher, Gurdeep Singh, in 2018 after registering an FIR on a complaint by a college student. The woman alleged that the teacher raped her in the hostel where she was staying. She said the teacher was also allotted a quarter on the hostel premises in Sector 28 where he was living with his family.

She alleged that in March 2018 when she was alone in her room, Gurdeep forcefully entered her room and started misbehaving with her. When she resisted, he threatened to kill her and her brother. She alleged that he forcefully developed a physical relation with her without her consent. She alleged that he repeated the act several times but due to fear, she did not report the matter to anyone. She alleged that he also kept her passport with him.

Counsel Jagtar Kureel, appearing for the accused teacher, pointed out many loopholes in the allegations of the prosecution during hearings.

Kureel, while arguing, said no date of any incident of rape was mentioned in the FIR. He said the complainant in the FIR stated that the accused retained her passport and thereafter he raped in March, 2018. A copy of the passport of the complainant was placed on record and as per that record, the passport was issued on April 9, 2018. The complainant had also not conducted her internal medical examination and refused for the same.

Kureel said for each and every question of the doctor during a medical examination, she stated that she did not remember anything and there was a delay in lodging the FIR also.

After hearing arguments, the Court in the order says that no allegation of rape is made in the case history given to the doctor. The fact that the prosecutrix refused for her internal medical examination also makes the prosecution case doubtful. The Court says that not only material discrepancies, contradictions are also found in the different versions of the prosecutrix. Also she tried to improve her version on every next step. The Judge says the police have done a shoddy investigation.

No investigation is done as to whether the prosecutrix was actually staying at the hostel or not at the time of the alleged incidents. No CCTV footage was taken and it appears that the Investigating officer has not bothered about collecting the evidence but investigated the case as told.

from The Tribune

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