Thursday, September 30, 2010

HC dismisses SHO plea in rape case

The Delhi High Court has dismissed a petition by a Delhi police inspector challenging a Sessions Court order to register a case against him for allegedly trying to protect an accused in a gang rape case.



While convicting the accused in the case, the Additional Sessions Judge had asked the Deputy Commissioner of Police of the district concerned to register a case against Inspector Gurmeet Singh, then SHO of the Gokulpuri police station in North-East Delhi.

The incident had occurred in 2005. There was another police officer from the same police station involved in the attempt to shield the accused. He expired during trial of the case.

The two police officers had refused to register a rape case against one of the accused and arrested him for investigation only when the victim and her husband caught hold of him and brought him to the police station.

ASI Darshan Kumar, allegedly at the instance of the inspector, had asked the victim to lodge a complaint against the accused under Section 107 (breach of peace) of the Criminal Procedure.

The case was then sent to the Special Executive Magistrate for further proceedings. However, the victim there also reiterated her earlier charge that she was gang-raped.

The Magistrate then asked the police officer to register a rape case against the accused persons. Yet, the case was not lodged. It was lodged only when the Magistrate sent a reminder to the police station.

Justice S.N. Dhingra dismissed the petition on Wednesday saying that there was no merit in it.

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