No law permits any police official to fabricate false evidence to prosecute a person, a court here has said while directing filing of a complaint against two policemen for creating fake circumstance against a cab driver and accusing him of raping a minor.
Additional Sessions Judge Pawan Kumar Jain ordered lodging of a complaint against two policemen -- sub-inspector Chanchal and constable Jugal Kishore -- for fabricating false evidence against a maxi-cab driver Lalit Ratawal.
The court order came while acquitting Ratawal, accused of raping a minor girl.
"No law permits any police official to fabricate false evidence or to give false evidence to prosecute a person; rather, on the contrary, law does not permit anyone to do so and also casts a duty on the police officials to investigate a matter in accordance with law without fear and favour, thus to my mind no previous sanction is required to prosecute the above erring police officials," the court said in a order delivered Tuesday.
The order was released Wednesday.
The court ordered its reader to file a complaint under Section 195 of the Code of Criminal Procedure (CrPC) against prosecution witnesses -- Chanchal and Kishore -- for the offences punishable under Section 193 (false evidence)/34 (common intention) of the Indian Penal Code read with 192 IPC for fabricating false evidence.
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The court noted that they have created a false circumstance against the accused that the maxi cab was recovered by the accused Sep 20, 2010 from the opposite wall of double-storey parking near Shiv Mandir, Arya Samaj Road, Karol Bagh, Delhi by preparing seizure memo while the said cab was stationed outside the police station.
The court remarked the case as a unique one saying that initially the victims made certain allegations of sexual exploitation against the driver of the school cab and two school mates but later on they added numerous persons in the list of accused persons.
"Initially, local police also showed promptness not only in registration of FIR but also in arrest of accused and in recording the disclosure statement in most cryptic and casual manner but when matter was assigned to inspector Arti Sharma, she conducted intensive investigation and made sincere efforts to bring truth on record," the court said.
According to police, a rape case was lodged against Ratawal by the victim's mother Sep 2010. Ratawal was the victim's school cab driver.
She alleged that Ratawal had raped her 12-year-old daughter with his two minor accomplices.