Bombay HC orders ACP to take sensitisation course on crimes against women

Aurangabad bench of the Bombay high court (HC) on Friday directed a local assistant commissioner of police (ACP) from Aurangabad to undergo a sensitisation course on crimes against women after noticing that he had tried to shield a politically influential rape accused, and harassed the survivor instead of arresting the accused.

Aurangabad bench of the Bombay high court (HC) on Friday directed a local assistant commissioner of police (ACP) from Aurangabad to undergo a sensitisation course on crimes against women after noticing that he had tried to shield a politically influential rape accused, and harassed the survivor instead of arresting the accused.

HT Image

The division bench of justice Ravindra Ghuge and justice BU Debadwar issued the directive after noticing that ACP Nishikant Bhujbal not only tried to wrap up the rape case against the local Nationalist Congress Party (NCP) leader by filing a summary report, but also harassed the complainant by repeatedly calling her to the police station under the guise of investigation.

The order came on a petition filed by the survivor seeking transfer of the case to the Central Bureau of Investigation (CBI) in view of the attempts made to shield the accused. She also sought an enquiry into the conduct of the ACP who took over investigation of the case, in blatant violation of prevailing norms that crimes against women are to be probed by women police officers.

The woman alleged that the NCP leader raped her on November 14, 2020, but the first information report (FIR) was registered on December 26 as she apprehended threat to her life. However, after police’s attempts to shield the accused, she had moved the HC.

HC found substance in her contention and said, “We do not find a single convincing and plausible reason as to why the investigating officer (IO) (Bhujbal), while conducting investigation into a heinous offence punishable under section 376 of the Indian Penal Code, refrained from arresting the accused.” The bench added, “We are also intrigued by the fact that the first IO, a lady officer, was suddenly removed without any reason within four days and the present IO, Bhujbal, was appointed.”

The judges also pointed that the statement of the survivor under section 164 of the Criminal Procedure Code (CrPC) was recorded on January 15 this year, in which she had reiterated her allegations, but instead of relying on her statement, Bhujbal chose to rely upon the plea of alibi put forth by the accused that he was not in Aurangabad on the day of the incident but that he had spent the day in company of some national and state level leaders of his party.

“This shows either his insensitivity to the offences committed against women or that he was manipulated by the accused,” said the bench, expressing the need to make the ACP undergo a sensitisation course.

HC, however, disposed of the petition as the ACP has, during pendency of the proceedings, filed a summary report seeking to close the rape case. HC has directed the magistrate concerned to handover a copy of the report to the survivor so as to enable her to oppose the closure of the case.