A Delhi court has directed the Police Commissioner to take legal action and register a case against police officers for allegedly committing fraud by filing two distinct sets of charge sheets in a rape case, calling it a "classic case of abuse of power by the police".
Additional Sessions Judge Gaurav Rao came down heavily on the police after noting that the charge sheet that has been filed in the court and supplied to the counsel of the accused is different from the one with the prosecutor and the complainant's counsel.
"Both the charge sheets bear the signatures of the IO/SHO/ACP and both bear the date June 1, 2021. Material facts have been omitted in the charge sheet which has been filed in the court and which was supplied to the accused viz-a-viz those available with the Additional Public Prosecutor and the complainant," the judge noted.
The judge said that filing two distinct sets of charge sheets amounts to perjury, cheating, and interference with the justice dispensation process. "It is treachery of the highest order," he said. "The conduct of IO/SHO/ACP is perfidious and is reprehensible. Fraud has been played upon the court and this is a classic case of abuse of power by the police. Moreover, the police officials have prejudiced the right of the accused to a fair trial," he said.
The judge, in an order dated November 8, further rebuked the police by saying that there cannot be any bigger fraud committed upon the court and there cannot be a more prejudicial act than the one committed in the case.
"Let the copy of the order be sent to Commissioner of Police who is directed to initiate appropriate inquiry/legal action, register an appropriate case under appropriate provision of IPC against IO/SHO/ACP for committing fraud upon the court," the court said.
Furthermore, the judge noted that there were other lapses in the case which were also grave and serious and appear to be intentional.
The court summoned the DCP, IO, ACP, and SHO Jamia Nagar on the next date of hearing.
During the proceedings, Additional Public Prosecutor Ashok Kumar also told the court that he had brought several lapses to the notice of the Police Commissioner but they appeared to have fallen on deaf ears.
The case relates to the alleged rape and kidnapping of a 14-year-old girl. According to the charge sheet, the accused kept her in captivity for six days and raped her multiple times.
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