Court rejects bail in rape case, directs IG for inquiry as way victim kept in police custody for five days before producing her before magistrate

24/05/2018

Jammu, May 23: 3rd Additional Sessions Judge Jammu Haq Nawaz Zargar rejected the bail application of Kuldeep Singh in a rape case.
While rejecting the bail application, 3rd Additional Sessions Judge Jammu Haq Nawaz Zargar observed that before parting with the instant case, the court had find out certain grave irregularities committed by the I.O of the case. Perusal of the case diary reveals that on 30.04.2018, the victim stands recovered from the possession of accused from Bun toll Plaza Nagrota. The case of the prosecution is that victim is minor and the medical examination that had been conducted with regard to finding the age of the minor also reveals the same. The medical examination had also been conducted on 30.03.2018. The victim had been produced before the court of Chief Judicial Magistrate on 05.04.2018 as per the statement of the I.O made before this court for seeking the directions so that the victim is admitted in the Niha Ghar, Pacca Danga Jammu. In the Opinion of this court the concerned I.O does not seems to be well-versed and had not gone through the instructions imparted by Supreme Court of Indian in cases any victim is recovered or any report regarding the commission of rape is received. The relevant instructions is given by Supreme Court of India in the case titled State of Karnatka by Nomavina Kera police Vs Shivanna.
Court further observed that One fails to understand in the instant case, as to why the victim who is a minor as per the prosecution story had been kept by the police in the Police Station and under what provisions of law she had been kept in the Police Station and why did not Police produced the victim immediately before concerned Judicial Magistrate for recording her statement. The statement of the victim under section 164-A Cr.P.C. has been recorded after a gap of more than a month, thereby clearly violating the directions of the Supreme court of India. As per the statement of the I.O of the case given in this court, the victim was not willing to go with her parents, let it be so, even than it took I.O of the case five days to produce the victim before the court and seek the directions to admit the victim in Neha Ghar, Jammu. It is as such directed that IGP Jammu, shall look into the matter and conduct an inquiry with respect to this affect as to why the victim, minor had been kept in a custody of police for 5 days before producing her before the CJM Jammu. Further, it also needs to be inquired as to why the statement under section 164-A Cr.P.C. of the victim has been recorded after such a delay. IGP Jammu must also look into this aspect as to why the statement of the witnesses particularly the victims of rape cases are not been recorded as per the mandate and instructions given by the Supreme Court of India in the judgment cited supra. It is further advised to the IGP Jammu to at least circulate the copy of above cited Supreme Court judgment to all the Police Stations so as to take the necessary precautions and instructions imparted in the said judgments by the concerned SHO's of the Police stations and I.O's dealing with such kind of cases. IGP shall hold the inquiry with in four weeks and file the compliance. Copy of this order be sent to IGP Jammu through APP of this court for compliance. JNF

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