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Defective probe: Delhi CP asked to re-investigate rape case

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Press Trust of India New Delhi
A court here has directed the Delhi Police Commissioner to re-investigate a rape case filed by a 24-year-old girl against her father and recommended disciplinary action against probe officials, saying they made no effort to find out the truth.

Additional Sessions Judge Pawan Kumar Jain, while passing the direction, asked the Commissioner to take "appropriate suitable disciplinary action" against erring police officials for not properly probing the allegations of the girl that she was being repeatedly raped by her father since her childhood.

"The matter had not been investigated fairly, impartially and there are numerous loopholes in the investigation. In fact no effort was made to find out the truth in the matter," the court said, adding that there were "lapses in investigation."
 

The court was hearing an application filed by counsel for the accused father, against the ongoing trial, claiming that there was no sufficient evidence to make out prima-facie case against him for the offence under Section 376(2)(f)(rape of below 12-year-old girl) of IPC.

In its order, the court said that proceeding with the "defective investigation" would amount injustice not only to victim and her family but also to accused.

"In my view, no fruitful purpose would be achieved at the end of trial, if, we proceed with the matter with such kind of charge-sheet," it said.

The court directed the police commissioner to "constitute a team of suitable police officers headed by Assistant Commissioner of Police to conduct further investigation of the matter" and also asked him to submit a report.

It also said that there was "sheer wastage of valuable time and resources of the state machinery" on the part of the police during probe in this case.

According to the prosecution, on May 14, 2014, the girl lodged a complaint against her father alleging that he had been raping her repeatedly since the time she was a minor. He was arrested the same day.

Her mother died in April, 2010 and her father was in Drug Addiction Centre for a few years, it said.

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First Published: Dec 11 2014 | 2:25 PM IST

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