Bihar cop under fire for turning rape case into forgery | india-news | Hindustan Times
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Bihar cop under fire for turning rape case into forgery

A woman had lodged a complaint against five persons, accusing them of having forced sex with her. IG has directed SP to probe the supervisory officer’s role in the case and take action against the guilty cop

india Updated: Jan 20, 2017 12:37 IST
Avinash Kumar
Activists of AIPWA hold a demonstration against recent rape incidents, in Patna.
Activists of AIPWA hold a demonstration against recent rape incidents, in Patna.(AP Dube/HT photo)

A cop, accused of turning a rape case into forgery in Bihar, is now in trouble.

Inspector-general of police, criminal investigation department (weaker section), inquiring the matter, has now asked a superintendent of police to probe the cop’s role in the case and initiate disciplinary action against him.

Masaurhi’s sub-divisional police officer (SDPO), equivalent to the rank of a deputy superintendent of police, had in his supervision report removed sections of rape and treated a rape complaint as one of forgery.

A woman had on August 16, last year, complained to the police that one Mohammad Tipu Sultan had sex with her after promising to marry her. Four others are also accused of having entered into a forced physical relationship with the woman.

“The SDPO has not explained why it was a case of forgery and how the accused cheated the complainant? However, it is clear from his findings that the cheating charge was because the accused reneged on his promise to marry the woman, who was taken to a hotel regularly for sex,” said Anil Kishore Yadav, IG, CID (weaker section).

Even if the investigating officer’s premise of the complainant indulging in consensual sex is accepted, the officer has failed to explain the woman allegation of forced sex, the officer noted in course of his inquiry.

The officer also drew upon a Supreme Court order, stating that there was a clear distinction between rape and consensual sex. It has asked courts to carefully examine whether a rape accused actually wanted to marry the victim or had malafide intention.

Hinting at the partisan role of the SDPO, the IG has asked the deputy IG (central range) to get the matter investigated by the Patna rural SP, so as to ensure justice to the victim and also to fix responsibility on the cop.

The Masaurhi police had, on August 16, registered an FIR against Tipu Sultan and four others under different sections of IPC, including 376 (rape), 354 (assault or criminal force on woman with intent to outrage her modesty) and 504 (intentional insult with intent to provoke breach of the peace) on the basis of the victim’s statement.

The victim, who recorded her statements before the court of judicial magistrate on August 8, alleged that Tipu had forcibly developed physical relationship on the pretext of marrying her.