A Delhi court has refused to order re-investigation in a case against a cop, accused of raping and threatening a woman, saying it could not be proved that he had done anything forcefully or against her consent.
Additional Sessions Judge Ramesh Kumar dismissed the woman's plea challenging the acceptance of cancellation report by a metropolitan magistrate in the case against the then Station House Officer (SHO) of Defence Colony Police Station here, noting that they had friendly relations.
"Considering the fact that no incriminating evidence of alleged incident of rape of complainant by the inspector could be collected during the course of investigation and their friendship is revealed (to be) since 1998 which is disclosed from her complaint...No inference regarding the guilt of the alleged accused can be inferred from facts and circumstances of the present case," the judge said.
"I am of the considered view that revisionist has not been able to show any material on record file on the basis of which it can be held that accused Inspector had done anything forcefully or against her will and consent," the judge said.
An FIR under sections 376 (rape) and 506 (criminal intimidation) of the IPC was lodged by the woman at Hauz Khas police station here on July 16, 2014 alleging that she was repeatedly raped and threatened by the Inspector.
The police later filed a cancellation report in the case after which the woman approached the court with her protest petition on February 10, 2015. She had contended that the cancellation report filed by the investigating officer be not accepted and the case be re-investigated.
However, on April 10, 2015, a magisterial court accepted the cancellation report.
She then filed a revision plea alleging that the accused cop had repeatedly raped her for a long time and had exploited his official position.
The sessions court, while dismissing the woman's plea, noted that there was a delay on her part in lodging the first complaint against the then SHO and police inquiry was closed as she did not cooperate.
"Action was not taken against the Inspector upon her complaint as the inquiry conducted by police were eventually closed as complainant did not cooperate," the judge noted.
The court said the complainant was on friendly terms with the cop and her sample could not be collected for medical examination as the alleged incident had happened two years ago.
