Recently, the Bombay High Court noted deficiencies in investigations of offences against women and directed the Additional Chief Secretary to file an affidavit explaining why the police investigation into these serious offences lacks the “basic tenets of investigation”.
Bombay HC Bench heard Ravindra Lagad’s plea to quash an FIR from April 30, 2024. He was accused of outraging modesty and criminal intimidation.
The Advocate for the State informed the court that the investigation into the crime is complete. On July 30, 2024, the police filed the chargesheet with the Judicial Magistrate First Class and submitted a photocopy of the chargesheet to the court.
A division bench of Justice Ajay Gadkari and Justice Dr Neela Gokhale stated, “After perusing the Chargesheet, we are not only shocked but quite appalled. The basic document for corroborating the allegation of the informant and the other victim, i.e. the seizure of clothes Panchanama of the dress/cloths of Ms Shubhangi, is absent from the said Chargesheet"
HC Bench further noted from the chargesheet that the submissions of the IO were ‘palpably false and contrary to the record’.
The bench added, “We are confounded to hear IO Daundakr's evasive and false reply to the Court. After hearing his answers, our conscience is shaken.”
HC bench criticized the IO for prioritising the accused’s interest over the victim’s, stating that this reflects a paradox to the State’s claim of serious and prompt investigation of offences against women, highlighting how law enforcers undermine such claims.
Bench added, “We are regularly observing such type of lacunae/deficiencies in the investigation of similar type of offences against the women. According to us, keeping such lacunae in the investigation would ultimately benefit the accused”, therefore the court ordered the additional chief secretary to file its affidavit within 2 weeks stating”.
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