Bombay High Court: In a petition filed seeking transfer of investigation of the crime registered under under Sections 376, 376(2)(N), 376(D), 504 and 506 of Penal Code, 1860 (IPC), a Division Bench of A S Gadkari and Prakash D Naik, JJ., directed the Director General of Police, Maharashtra State to personally peruse the record of the investigation and transfer the investigation of the present crime to a Senior Officer of IPS Cadre to further investigate the present crime.
The Court noted that perusal of the statement of the victim recorded under Section 164 of CrPC indicates that at the time of recording of her statement under Section 164 of CrPC the victim was either put under pressure or threatened by the accused to give a diluted version, which will enable the accused to get exoneration from the charge of a serious offense.
The Court further noted that though the prosecutrix in her statement under Section 154 CrPC and under Section 164 CrPC has categorically stated that, the accused persons have committed the crime as contemplated under Section 376 IPC against her, the Investigating Officer while submitting charge-sheet/final report under Section 173 CrPC has zealously ventured into dropping the said Sections namely 376, 376(2)(N), 376(D) IPC and has submitted charge-sheet by applying Sections 417, 504 and 506 IPC against Accused Ganesh Narale only.
The Court remarked that it is apparent on the face of the record that the Investigating Officer, with a view to protecting both the accused persons from the crime of a higher degree, has indulged in the said act. It further appears to us that he is interested in protecting the accused in such an offense of serious nature.
Thus, the Court directed the Director General of Police, Maharashtra State to personally peruse the record of the investigation and transfer the investigation of the present crime to a Senior Officer of IPS Cadre to further investigate the present crime and to instruct the concerned Officer not to relegate his powers further to any subordinate officer, taking into consideration the serious nature of the case.
The Court further directed the Investigating Officer so appointed to also investigate the role of the present Investigating Officer attached to Fauzdar Chavdi Police Station, Solapur in the investigation of the entire crime and if necessary, may take appropriate remedial measures in that behalf.
[ABC v. Senior Inspector of Police, 2022 SCC OnLine Bom 7718, decided on 16-12-2022]
Advocates who appeared in this case :
Mr. Vikrant V. Phatate for the Petitioner.
Ms. M.H. Mhatre APP, for the Respondent-State.
Mr. Vishnu Gaikwad, API, Fauzdar Chavdi Police Station, Solapur present.
*Arunima Bose, Editorial Assistant has reported this brief.
