Nagpur: Censuring the police department for suspicious transfer of a rape case to Aurangabad, the Nagpur bench of Bombay high Court directed commissioners of police (CP) at both places to thoroughly investigate why a deputy commissioner of police (DCP-Zone-5) shifted the complaint by the survivor.
The division bench comprising justices Sunil Shukre and Avinash Gharote re-transferred the rape case’s hearing from Aurangabad JMFC to chief judicial magistrate in Nagpur with immediate effect. The HC, expressing possibility of foul play, also questioned the way inquiry was completed by Aurangabad cops in quick time.
“We direct CPs to inquire into sudden transfer of the case by DCP and inadequate investigation by Aurangabad police. They should initiate appropriate departmental action as may be warranted in the circumstances.”
The Nagpur CP was further told to frame guidelines in consultation with the police department’s law officer and HC’s public prosecutor to be followed in the matter of transfer of investigation from one police station to another. He was further asked to circulate those for their strict compliance and implementation in the city.
“Being a fit case for making further investigation into the complaint, we direct it to be carried out by the local crime branch as per Section 173(8) of the CrPC and complete it within eight weeks.”
The HC directives came while hearing a plea by a rape survivor through counsel Amit Band challenging Jaripatka police’s move to transfer her complaint against accused boyfriend Saurabh Tiwari to Aurangabad’s Satara police station. Even a charge-sheet was filed there.
TOI had reported about this case on March 5 after HC summoned Aurangabad police inspector probing the case. Band contended that the case shouldn’t have been transferred as the accused sexually exploited her at various places multiple times, including Nagpur and Pune.
Asserting that the officer (DCP), who transferred the investigation, was a senior, the judges said he was well trained in procedural criminal law. “He would know that when an offence like that of rape has been committed at different places, there would be multiple spots of incidents requiring equal attention. He, however, didn’t make any distinction between them to categorise into primary, secondary, tertiary and the like spots of incident.”
The judges pointed out that the sudden transfer of rape case and Aurangabad police hurriedly completing the investigation leaving major loopholes on some pretext, appears to be a well thought out strategy to give advantage to the accused. “The respondents thought that no one can blame Nagpur police, as the probe wasn’t made by it and so also the Aurangabad police, as the survivor didn’t cooperate which wasn’t true,” the HC said while allowing girls’ plea.
WHAT HC SAID
* Take departmental action against erring cops as may be warranted in circumstances
* Nagpur CP to frame guidelines for transfer of case between police stations
* It’s a fit case for further investigation by local crime branch
* Aurangabad cops hurriedly completed investigation leaving major loopholes
* It appears to be a well thought out strategy to give advantage to accused