Delhi Police Commissioner has been asked to direct his subordinates not to withhold any evidence by a court here which acquitted two youths in a gangrape case and pulled up the investigating officer for not conducting a fair probe.
The court, while freeing the two accused, also gave them the liberty to claim compensation from the woman, who had filed the case against them, and her family for falsely implicating them in the case.
"... The investigation in the instant case has been designedly defective and partial. The investigating officer (IO) has committed breach of professional standards by ignoring, disregarding and withholding material evidence which pointed to the innocence of the accused.
"There have been intentional acts of commission and omission on her part prejudicial to the interests of the accused," Additional Sessions Judge Virender Bhat said.
The court also said it was apparent that the investigation of the case has been "totally partial" with the only thing in the mind of the IO that the evidence collected by her which favours the accused and points towards their innocence should not reach the court.
"The conduct of IO is highly depreciable and deplorable. She has betrayed the trust reposed by public upon a police official," it added.
The judge said that a copy of this judgement be sent to the Delhi Police Commissioner with the hope that the concerns raised in the verdict would be adequately addressed and a message is sent down the line to all the IOs to inform the accused about the evidence gathered during the course of investigation which favours them.
It asked the Commissioner to direct IOs not to withhold or conceal any such evidence from the court so that the accused would get justice at the earliest possible opportunity.
According to the prosecution, in June 2012, the woman along with her friend had gone to watch movie at Priya cinema where she met one of her classmates Prashant Sablani. While returning home, he offered to drop her home in his car and gave her sedatives-laced cold drink.
He took her to an under construction building where she was raped by accused Prashant and his friend Milind. They also committed unnatural sex with her, she had alleged to police.
A case was registered at Vasant Vihar Police Station and both the accused were arrested.
