Delhi High Court sets aside order on filing FIR against Women Police Officer for penetrative sexual assault of a minor girl

The Delhi HC on Thursday set aside a trial court order to file an First Information Report against a woman police officer for penetrative sexual assault of a minor girl, who had also levelled allegations of rape & molestation against her father as well as her school teacher.

The woman officer was one of the investigating officers in the sexual assault case lodged against the father & was accused of penetrating the private parts of the minor with her fingers prior to medical examination of the girl.

The HC said there was “no plausible motive” for the woman to commit the offence she had been accused of. Justice Sanjeev Sachdeva further said the trial court shouldn't have overlooked the possibility of a false complaint being made against the woman officer under the influence of the parents, “especially when the father is accused of sexually assaulting the child victim & she is continuing to reside with him”.

The HC also noted in its order that the doctor & the nurse who carried out the girl’s medical examination had said that the allegations against the officer were “false & baseless” as neither the minor nor her mother said anything to them about any such incident. Even the inquiry report of Delhi Police had absolved the officer of any wrongdoing & had said that the minor complainant appeared to be under the influence of her father as she was residing with him under the same roof, the HC noted.

Justice Sachdevasaid that the trial court “instead of acting with caution & satisfying itself about the veracity of the allegations, acted in a haste & without conducting any inquiry or waiting for the report of the inquiry being conducted by the police” & accepted the allegations against the officer at face value.

“In view of the above, the impugned order dated Apr 17, 2017 directing registration of the FIR against the petitioner is set aside,” the HC said.

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