Lawstreet Journal

Rajasthan High Court Directs DGP to Suspend and Initiate Departmental Proceedings Against IO Who Helped the Accused [READ ORDER]

Lawstreet Journal 19 Sep 2020 12:55am

Image courtesy: Lawstreet Journal Judiciary Rajasthan High Court Directs DGP to Suspend and Initiate Departmental Proceedings Against IO Who Helped the Accused [READ ORDER]

Hearing bail plea in a rape case the Rajasthan High Court ordered the DGP of the state to take actions against the Investigating Officer who helped the in saving the accused person which amounts to a serious offence. The Investigating Officer (IO) was present on the date fixed by HC. The IO explained that Toufik (the person IO is accused of helping) was not made accused as Toufik’s mobile was found to be located at different places in Haryana as per the call details received and therefore, the IO presumed that Toufik was not involved in abducting and raping the prosecutrix along with other accused Munfed. The court was not satisfied with the reason given by the IO as a statement was made under Section 164 of the Code of Criminal Procedure, 1973 by the prosecutrix where she stated that she was raped by Toufik. The court said that “It is a case where Investigating officer has attempted to save co-accused by doubting the statement made under Section 164 Cr.P.C by the prosecutrix”. Section 164 of Cr.P.C says that the statement should be recorded by the metropolitan magistrate or Judicial Magistrate made to him during the course of investigation in front of the council of accused after clarifying that person is making the statement voluntarily and the statement should be signed by the Magistrate. The magistrate should record the statement of the victim in the cases of offences punishable under Section 376 which is the case here. But the Investigation… Continue Reading...

Tagged: Rajasthan High Court  
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