The court’s order came on a woman’s plea pointing out various loopholes in the police probe.
A trial court has rapped the Delhi Police for its probe into the alleged rape of an NRI woman, and directed the Commissioner of Police to ensure that proper investigation is carried out in all cases related to sexual offences against women.
Noting various lacunae in the case, Additional Chief Metropolitan Magistrate Gomati Manocha said, “It is highly desirous that senior officers of the police issue certain simple yet comprehensive guidelines/ checklist of the standard operating procedure to be adopted or followed by IOs for investigation of serious offences, especially sexual offences against women.”
It noted that according to Section 154 of the CrPC as amended by the Criminal Law Amendment Act, 2013, the recording of information for a rape incident should be videographed. “In this case, neither have the proceedings been videographed, nor any cogent or convincing reasons given by the SHO of police station New Friends Colony (NFC) for not getting them videographed. Also, no convincing reasons have been given for not arresting the accused or for not conducting the probe as required by law,” the court observed.
“In these circumstances, a copy of this order be sent to the Commissioner of Police, Delhi, through the JCP as well as the DCP concerned to ensure that proper investigation is carried out in all cases of sexual offences against women,” the court added.
The court’s order came on a woman’s plea pointing out various loopholes in the police probe. She, through her counsel, submitted that the SHO of New Friends Colony is “not only trying to shield the accused person but also harassing and pressuring” the woman. The woman’s counsel has argued that the investigating officer has not seized crucial evidence and has also not arrested the accused till date, despite the offence being serious in nature.
The woman has alleged that she was raped by the man on the intervening night of September 28-29 in 2017, when she met him to discuss business opportunities in India. Her counsel said she had come to India in September with her husband.
Taking note of this, the court called for a report from the DCP concerned regarding his assesment of the probe in the case. According to police, she came in contact with the accused who claimed to be a business associate and assured them of help. “On the night of the incident, while her husband was away, the man came to her hotel and took her to his residence to discuss the proposals,” police said, adding that he served her drinks and later allegedly raped her.
The woman and her husband approached NFC police station and lodged a rape case.