Delhi court orders rape FIR against woman cop probing rape of minor

Source – indianexpress.com

A SPECIAL court on Monday directed Delhi Police to register an FIR against a woman investigation officer on alleged charges of sexual assault of a 10-year-old girl, saying that there are “clear allegations of commission of penetrative sexual assault” upon the victim with “a view to create false evidence”. The order came after the girl approached court through her mother to state that the officer had forced her to undergo a “medical re-examination” during which her clothes were “allegedly removed and forcefully the finger was inserted” in her private parts.

This, she alleged in her complaint, was done to protect a school-teacher, who she had accused of raping her last year, and instead implicate her own father in the case.

Additional Sessions Judge Vinod Yadav directed the station house officer in Mongolpuri to register an FIR against the woman sub-inspector (WSI) under sections of the POCSO Act.

Court documents detailing the case’s background show that police first slapped charges of sexual assault against the 35-year-old teacher for molesting the girl, who is a student at a school run by the North Delhi Municipal Corporation in outer Delhi’s Aman Vihar, last August.

Days later, they show, an FIR was registered against the father of the girl, based on a complaint filed by the teacher on alleged charges of sexual assault. The court, while granting bail to the father, had marked both cases to be investigated by the District Investigation Unit.

On Saturday, the 10-year-old moved the special court seeking directions to register an FIR against the officer on alleged charges of rape. “All these acts were done by the doctors on the instruction of the SI… when the complainant resisted, she was given slaps and beatings and was asked to sign on some blank documents,” the complaint filed by the victim’s mother states.

Citing reports filed by the Deputy Commissioner of Police (DCP) on the issue, ASJ Yadav stated in the order: “…it is prima facie evident that there is no denial of fact that complaint of child victim was duly received in the matter…which contains clear allegations of commission of penetrative sexual assault upon her by the IO (investigation officer) with a view to create false evidence in the matter. The offences… are cognizable.”

Taking a serious view of the “re-examination”, ASJ Yadav noted that “without obtaining permission either from Child Welfare Committee (CWC) or the special court or without moving an application in this regard, the child victim was subjected to re-medical examination without recording her fresh supplementary statement”.

The court also slammed the investigating officer for conducting the investigation in the most “callous and pre-determined manner”.

“A perusal of the investigation file reveals that the investigation of the matter is being conducted in the most callous and pre-determined manner. The case diaries have not been serially numbered…from March 4 to March 24 no investigation in the matter was conducted and all of sudden… the child victim was subjected to medical re-examination,” said ASJ Yadav.

In a statement before the magistrate, the girl had stated that her father had “not committed any wrong act” and that the alleged sexual assault was committed by the school teacher, said police sources.

On Monday, the special court refused to grant bail to the teacher, saying that “false evidence was being created by the IO solely to accord” benefit to the teacher.

“The applicant (teacher) has not been able to point out any charge in the circumstances in the matter…needless to say, the false evidence was being created by the IO solely to accord benefit thereof to the accused,” the court said, while directing police to file a status report on the investigation on April 29.