MUMBAI: In a case the place a person allegedly tried to disrobe a lady, Bombay excessive courtroom has slammed police for not making ready a panchnama of the seizure of her torn garments. It directed the extra chief secretary (house) to personally file a reply within the case.
“We’re frequently observing such forms of lacunae/deficiencies within the investigation of comparable forms of offences towards ladies.Based on us, protecting such lacunae within the investigation would finally profit the accused,” mentioned Justices Ajay Gadkari and Neela Gokhale on Aug 12.
The person sought quashing of the April 30 FIR by Yavat police station (Pune rural) underneath IPC sections, together with 354 (assault or felony pressure to a lady with intent to outrage her modesty), 354B (…with intent to disrobe).
The informant mentioned when the accused was abusing her verbally, her daughter (25) intervened. He tried to assault her, tore the proper sleeve of her costume. She tried to run away however he pulled her costume from behind and tried to undress her.
The judges had been “not solely shocked however fairly appalled” that the garments seizure panchnama – “the fundamental doc for corroborating the allegation” of the mother-daughter – was lacking from the chargesheet. Police head constable Ajinkya Daundkar mentioned the daughter, who’s an accused in one other crime, was absconding. The judges mentioned Daundkar’s assertion is “palpably false and opposite to the file”. On Might 1, he had recorded her assertion.
The judges had been “confounded” to listen to Daundkar’s “evasive and false replies” and their “conscience is shaken”. They mentioned his reply and his manner clearly point out that “he’s extra inquisitive about defending the curiosity of the accused individual/s than to guard the curiosity of a sufferer of sexual assault…” That is “paradox” to the State’s declare that offences towards ladies are handled significantly and investigated promptly. “That is the perfect instance as to how the declare of the State is being annoyed by the legislation enforcers,” they added.
