HC TO UP GOVT: COMPLETE PROBE INTO RAPE CASES WITHIN 2 MONTHS
High court asks for update on probe into Mainpuri girl’s death, DGP informs court about formation of new SIT
PRAYAGRAJ : The Allahabad high court on Thursday directed the Uttar Pradesh government to issue an order, if not done already, asking its officers to complete investigation into rape cases within two months or within the time limit as per amended provisions of the Code of Criminal Procedure (CrPC).
The court also directed the state government and the police authorities to apprise it of the progress in investigation into the death of a Mainpuri schoolgirl on the expiry of a month. It also expressed concern over the poor conviction rate in the country.
PRAYAGRAJ : The Allahabad high court on Thursday directed the Uttar Pradesh government to issue an order, if not done already, asking its officers to complete investigation into rape cases within two months or within the time limit as per amended provisions of the Code of Criminal Procedure (CrPC).
The court also directed the state government and the police authorities to apprise it of the progress of investigation into the death of a Mainpuri schoolgirl.
It also expressed concern over the poor conviction rate in the country.
A two-judge bench comprising Acting Chief Justice Munishwar Nath Bhandari and Justice AK Ojha passed the order on a Public Interest Litigation filed by one Mahendra Pratap Singh in connection with death of the schoolgirl in 2019.
The girl, about 16 years’ old, was found hanging at her school in suspicious circumstances in 2019. Her family had alleged that she was sexually assaulted and killed.
The court further directed the police authorities to ensure that the family members of the girl are not pressured during investigation and that their safety is ensured.
The petitioner had alleged that police were not fairly investigating the incident and rather they were protecting the actual accused.
The Special Investigation Team (SIT) formed for the investigation was not acting independently, the petitioner had said.
On Thursday, director general of police Mukul Goel, who was present in the court, said that a new SIT was formed to investigate the case.
The court had earlier asked the lawyers of the Bar to assist it in the case. On Thursday, senior advocate Amrendra Nath Singh, who is also president of the Bar Association, requested the court to monitor the probe into the case.
Considering the request of the Bar, the court directed the authorities concerned to apprise it of the progress in the investigation into the case on the expiry of one month and ordered to list the case on the expiry of the said period.
During the course of the hearing, the court said, “We are aware of the fact that the conviction rate in India is just above 6%, the reason is poor or manipulated investigation by the police. Most of the time material evidences are not collected in a scientific manner and hence, experts fail to reach any conclusion resulting in acquittal of accused persons in most of the cases.”
The court directed the state government that investigating officers must be given proper training from time to time to teach them how to investigate such cases and collect the “material evidence” scientifically.
Additional advocate general Manish Goyal representing the state government informed the court that the additional superintendent of police and the deputy superintendent of police (DySP) who were initially investigating the case were suspended by the state government (on Wednesday).
Senior advocate Amrendra Nath Singh, while assisting the court, said that the mother of the girl in the FIR had alleged that her daughter used to complain that she knew some secrets of the school and that’s why the principal of the school was torturing her.
Singh further said that the girl had called her mother a day prior to her death and said that she was getting death threats, but when the family members tried to talk to the principal, she paid no heed.
At this, the court suggested that the investigating officer must collect the call details of the phone numbers concerned which can be material evidence in the case.
The court exempted the UP DGP from his personal presence at the next hearing after one month.