The Delhi High Court recently comprising of a bench of Justice Chandra Dhari Singh while dealing with plea involving allegations of rape noted that there was a serious fault in the investigation conducted by the city police directed the Deputy Commissioner of Police, West District to file a personal affidavit within a period of three weeks. (PRIYANKA JAGGI v. THE STATE OF N.C.T. DELHI AND OTHERS)
Facts of the case
The Court was dealing with a plea seeking directions to monitor and supervise the investigation carried out by the Investigating Officer in an FIR registered under sec. 323, 354, 354B, 376(2) and 509 of IPC.
The plea also sought directions on the SHO concerned to arrest the accused persons and to collect the material evidence being Mobile phone, electronic device and photographs in the possession of the accused.
Contention of the Parties
Ms. Nandita Rao, learned ASC for the State submitted that the charge sheet was filed but the mobile phone has not been recovered or seized by the Investigating Officer. The MLC has not been conducted as per the allegations made in the statement of prosecutrix under Section 164 of the Cr. P.C.
Learned ASC for the State informed the Court that the second MLC has been conducted on 20th September, 2020 after one year by the second Investigating Officer. It was also informed that the first Investigating Officer, who had investigated the entire matter, had not prepared the site plan of the crime scene and the second investigating officer had prepared the site plan of the crime scene.
Learned ASC for the State further submitted that now the third Investigating Officer is investigating the entire matter and the mobile phone has been recovered from the accused, however, the recovered mobile phone is not the original mobile phone from which the alleged photographs and videos were made at the time of the incident.
Courts Observation and Judgment
The court observed that the statement of prosecutrix under Section 164 of the Code of Criminal Procedure, 1973 (hereinafter “Cr.P.C.”) has been supplied to this Court and the same has been perused.
The court after perusal of the statement of prosecutrix under Section 164 of the Cr.P.C. which is recorded just after one day of lodging the FIR i.e. 29th April, 2019, found that there were specific allegations against the accused person for offence punishable under Section 376 of the Indian Penal Code, 1860.
The bench further noted that it was also alleged in the statement that some photographs were taken by the accused from his mobile.
The bench after perusing the statement of prosecutrix and considering the submissions advanced by the learned counsel for the parties noted, "this Court is of the view that there is a serious fault in the investigation. The Police Department/Investigating Agency has not investigated the matter properly which involved heinous crime against the women where it has been clearly alleged in the statement of prosecutrix that she was subjected to rape and also clearly stated that the photographs and videos were made by the accused."
In view of the above fact and circumstances, the Court directed the Deputy Commissioner of Police, West District to file a personal affidavit within three weeks.
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