Wrongly implicated by Chandigarh police in 2016 auto gangrape case, man seeks Rs 20 lakh compensation
He was released from custody on April 9, 2018, after the real accused, namely Irfan Mohammed and Kamal Hasan, admitted to the crime when they were arrested in another rape case.Updated: Sep 15, 2018 12:32 IST
The Punjab and Haryana high court on Friday put the Chandigarh police on notice on a plea by a city youth, who was wrongly arrested in a rape case in December 2016. The petitioner, Wasim Malik, 28, who remained in jail for 16 months, has demanded Rs 20 lakh as compensation.
Acting on the plea, high court bench of justice RK Jain has sought a response from home secretary, Chandigarh senior superintendent of police and five other cops, besides others, by October 21.
Malik, who resides in Transit Housing Colony, Sector 52, was arrested by the police on December 17, 2016 in a rape case registered at Industrial Area police station on December 13, 2016.
The court was told that Malik was arrested just in order to improve the police’s sagging image before city residents and to claim that the case was solved immediately. It was also stated that the police had filed a challan before a city court claiming that he was arrested on the basis of his resemblance to the sketch prepared on description given by the rape victim, and intelligence report received by it.
Before his arrest, the police did not verify his mobile location, CCTV footage of cameras in the area of crime, the petitioner’s counsel HC Arora told court, adding that the police got the petitioner identified by the victim as one of the accused persons.
He was released from custody on April 9, 2018, after the real accused, namely Irfan Mohammed and Kamal Hasan, admitted to the crime when they were arrested in another rape case. The two were convicted in the second case that took place in Sector 53 in November 2017 and are currently facing trial in the 2016 case.
The petitioner also rued that police moved withdrawal of case application in July, 2018, even as the real culprits were caught in March. The entire family has undergone untold sufferings during this period, the counsel had told court, adding that family, including his unmarried sister suffered social stigma.
They borrowed money from friends, relatives and also sold the family owned mini-van for arranging litigation expenses, the court was told, adding that respondents be directed to compensate with ₹20 lakh. He also alleged that he is being harassed by the police even now.