SC Refuses to Transfer to Central Agency Case of IPS Officer Charged for Raping Friend He Met on Faceboook
The apex court said there was 'nothing substantial' which could either show that the investigation was not well directed or had failed to look into a particular direction.
Illustration by Mir Suhail/News18.com
New Delhi: The Supreme Court Tuesday refused to transfer to a central agency the investigation of a case filed by a woman against an IPS officer of West Bengal cadre accusing him of raping her. Delhi Police had registered two FIRs in the case.
While the first FIR was filed by the woman alleging rape by IPS officer whom she met on Facebook, the second FIR was filed by the mother of the officer alleging that the woman and her family members had been pressurising the family to pay Rs 15 lakh failing which they were threatened with filing of cases with allegations of rape and other criminal cases.
The apex court said there was "nothing substantial" which could either show that the investigation was not well directed or had failed to look into a particular direction. It said: "In our considered view, nothing further is required to be done. At this stage, it may be stated that if any video or audio recordings are still being retained by the petitioner, they may be handed over to Special Investigation Team within two days from today. It is left to SIT to consider whether that parts needs to be dealt with in the supplementary charge-sheet which, as indicated above, is contemplated to be filed.
"In the aforesaid circumstances we do not see any reason why investigation into both the FIRs, at this stage, be entrusted to any Central Investigating Agency."
A bench of Justices Uday Umesh Lalit and Indu Malhotra also issued a notice to the woman asking as to why action in contempt not be initiated against her and appropriate direction be not passed against her for making wrong statement.
The top court directed the Registry to register the matter as suo motu proceedings and send a copy of this order to the woman and ordered her to appear in-person before it on January 14. The woman had alleged that she was hit by a car on October 17 and suspicion was expressed in clear terms that the officer was responsible for it.
The top court noted that she was not hit by a car but by a 'thela' and said "prima facie means that the allegations in her sworn statement before this Court were not truthful". Delhi Police had earlier filed the final charge sheet against the IPS officer over a year after a woman who he befriended on Facebook accused him of raping her.
The Delhi-based woman had in 2018 accused the officer of raping her on the promise of marriage. According to the charge sheet, the woman and the IPS officer became friends on Facebook and within a few months of chatting and video calls, the IPS officer met her in Delhi on January 28.
The woman alleged that he kept promising that he would marry her. On their first meeting, the two went to a mall in Vasant Kunj for dinner. The next day they met again and she alleged that he offered her some chocolates induced with liquor and the woman felt dizzy after consuming them after which he brought her to a hotel and started making advances.
Though she tried to resist, he continued, the woman had said in her statement, which is also mentioned in the charge sheet. After allegedly raping her, the officer apologised and reassured the woman of marrying her, the charge sheet said.
After returning to West Bengal, he continued to be in contact with the woman for some time but started ignoring her later when she kept reminding him of the promise. He also blocked her on all social media platforms and refused to marry her, according to the charge sheet.
The woman approached police with her complaint in May last year and a case was registered at the Barakhamba Police Station. However, the case was transferred to the Crime Branch.
The woman had alleged police inaction in the case and filed a writ petition in the apex court saying that the investigation was not being carried properly and the accused was misusing his position as an IPS officer and got false cases registered against her, her mother and also tried to get false case registered against her brother in Sonipat.
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