PIL in Delhi HC to frame norms on police probe
New Delhi, June 10: A senior citizen, who was accused of rape by his daughter- in- law and discharged from the offence two years after the incident, has moved the Delhi high court seeking framing of guidelines on how police should handle probes into cases arising out of marital rows.
A bench of Acting Chief Justice Gita Mittal and Justice C. Hari Shankar issued notice to the Delhi police and sought its stand on the plea in which the senior citizen has claimed that the agency colluded with his daughterin- law, who had also accused her mother- inlaw of aiding in the alleged sexual assault.
The plea has claimed that the petitioner, Shashi Kumar Mahajan, was immediately arrested on registration of FIR which was lodged nearly a month after the alleged incident and without any preliminary investigation.
According to the petition, the woman had lodged the complaint on May 21, 2014 alleging that her father- in- law raped her on April 21, 2014 with the aid of her mother- inlaw while her husband was not present at home.
The father- in- law, a diabetic and heart patient, had to spend two months in Tihar Jail before he was granted bail and a sessions court had later discharged him of the charge of rape only in April 2016 by saying the offence was not made out, the petition has said.
The couple parted ways in 2014. It has claimed “abuse of power” by police officers who were investigating the woman’s complaint and has sought initiation of disciplinary action against them.
The PIL, filed through advocate Ashok Mahapatra, has contended,” There is no provision and due process to achieve and secure objectivity and accountability in the investigation, which leads to arbitrary probe and abuse of power and authority in many cases, as in the present matter.”
It said that in the case, the police officers investigating the case did not obtain any document from the woman to corroborate her allegations.