Conduct training classes on how to probe rape cases: Madras high court to DGP
Chennai: Finding that a faulty investigation was conducted in a rape case, the Madras high court has directed the Director General of Police to arrange training classes of all the investigation officers through out the state to sensitise them the manner in which the investigation is to be conducted as for as the case of sexual offence and the offence against woman as per law.
Justice M.V. Muralidaran gave the directive while setting aside an order of the assistant sessions judge at Arni in Thiruvannamalai district, convicting and sentencing V. Venkatesan, an accused, to 10 years rigorous imprisonment in a rape case.
“I direct the registry to mark a copy of the judgment and connected records to the DGP to peruse this case and judgment by the trial court and this court and to arrange training classes for all the investigation officers through out the state to sensitise them the manner by which, the investigation is to be conducted as for as the case of sexual offence and the offence against woman as per law,” the judge added.
The prosecution case was that on October 13, 2007, the accused, a middle-aged man, trespassed into the house of a young woman and raped her at about 11.30 pm. Nnext day morning, she informed the same to her neighbour and thereafter to her parents. On a complaint from the victim, the accused was arrested and the trial court imposed various sentences including 10 years RI for rape. Aggrieved, the accused filed the present appeal.
The judge said it was a gruesome offence, ironically, the victim instead of informing the occurrence to her parents informed the same to her neighbour first, which was unusual. No complaint was lodged to the nearby police station. She has categorically stated that the complaint was written by one Appu, who has not been examined as witness. When the evidence of the investigation officer was perused, she has deposed that though she arrested the accused on October 19, 2007 only after a lapse of nearly 11 months (September 23, 2008), she subjected the accused for medical examination which was nothing but an absurdity on the part of the investigation officer. Apart from that though the complaint was lodged by the victim on October 19, 2007, she was subjected to medical examination only on October 31, 2007, which was also a faulty investigation, the judge added.
The judge said though the victim was able to depose that the accused was the known person to her, when she was subjected for medical examination, she informed the doctor that she was subjected to commission of sexual offence by an unknown person. No reason was given as to why complaint was belatedly lodged.”It is seen from the records that unfortunately, the investigation conducted by the officer is the root cause to collapse the case of the prosecution. The investigation officer, without taking due care, conducted the investigation in a very casual manner. The investigation officer does not aware as to how an investigation is to be conducted as far as the offence punishable under section 376 IPC or the offence against the women”, the judge added.
