Investigation of offences against women is being done by the police in a casual manner, the Bombay high court (HC) observed last week.
Irked by the lacunas in the investigation of several cases, the court has directed the secretary, home department, to file an affidavit stating that police stations across Mumbai and Thane shall scrupulously follow provisions of the Criminal Procedure Code.
“In several matters, this court has observed that there are material lacunas in the papers of investigation and the investigation conducted is not fair,” justice Sadhana Jadhav observed. “The courts have to place implicit reliance upon the evidence collected by investigating agency in the course of investigation and cannot go beyond the same and hence, the large number of acquittals,” the judge added.
“Investigation is conducted in casual manner in offences against women,” the court said, expressing utter displeasure over the fact that the police did not follow provisions of the Criminal Procedure Code.
Justice Jadhav was displeased when a case where a minor girl’s modesty was outraged was registered with Oshiwara police station on September 29, 2014, came to her notice. The copy of the first information report (FIR) was forwarded to the concerned magistrate for quite a long time, although the law requires that the copy of the FIR be submitted “forthwith.”
The judge was further irked by the fact that due notice of the court order was not being taken in police commissionerates in Mumbai and Thane. “All such orders wherein this court has observed serious lacunas were circulated to the Commissionerate of Mumbai,” justice Jadhav said.
“It appears that the orders are not read and no steps are taken pursuant to the orders passed by this court as if to say that the police stations have no regard for the orders passed by the court,” she added.
The court was hearing bail application filed in the case involving outraging modesty of a minor. The court granted bail to the accused after finding that the accused and the girl were in touch with each other and were regularly chatting on mobile. The court ordered the boy to be released on bail bond of Rs15,000 and one or two sureties of the like amount.