The Allahabad High Court on October 22, 2020, reprimanded the mother of a gang rape victim for falsely alleging the detention of her daughter by the local police.
The two-judge bench comprising of Justice Shashi Kant Gupta and Pankaj Bhatia had on Tuesday taken cognizance of the alleged detention of the gang-rape victim in a police station. The Court also intervened in the matter of lodging the FIR after 3 months of the incident to the State Police. The division bench had noted on October 21, 2020 "Today, a personal affidavit has been filed by Smt. Kunti mother of the girl (victim), wherein she had stated that the girl in question has been detained in the police station by the police authorities since October 16, 2020. It is further stated that the police are not permitted the members of the petitioner to meet the girl"
The bench has also ordered to present SSP Prayagraj, the present Station House Officer of the concern police station, and the erstwhile Station House Officer who is under suspicion to appear before the Court on October 21, 2020, at 10:00 a.m. It may be also noted that a day before October 16, 2020, on October 15 the said police authorities had invited the wrath of the Court for having forced the petitioner victim to run from pillar to post to get registered the FIR for gang rape. On October 21, 2020, the girl was produced before the Court and a specific query was made in the Court as she has said that she was never detained by the police authority, as such, the affidavit which is filed by her mother appeared to be false. The bench observed that “As such the affidavit filed by the mother of the victim appears to be false. The mother of the girl appears to be poor, illiterate, helpless villager as such we do not proceed to process against her for filing a false affidavit but we warn her against the occurrence of similar conduct in future". The bench also directed the Senior Superintendent of Police, Prayagraj to provide proper protection to the victim girl as well as her family member and also ordered him to ensure that the investigation should be conducted expediently in accordance with the law. Therefore, the bench also expresses his disappointment at the value of the erstwhile Station House Officer as he did not register the FIR for gang rape promptly despite specific direction given by the Senior Superintendent of Police, Prayagraj to offer any explanation. The Allahabad High Court on October 21, 2020, has said that in the context of FIR that the FIR has been lodged by more than three months of the incident and that too after the court intervention and said that "Such gross negligence and laxity on the part of the police department is highly appreciated and such gross negligence and if we may say no ‘callousness’, is unbecoming of the conduct of a responsible officer entrusted with the obligation of performing the duties of a Public Officer".
The bench said that the "Strict action is required to be taken such person in accordance with law"
The bench directed the "Senior Superintendent of Police to ensure that the FIR be registered promptly, particularly when the matters related to women and children, and that strict action be taken against the erring Officials if any laches or laxity is found on their part"
. [READ ORDER]