A Delhi court has slammed an investigating officer (IO) for filing a chargesheet after a six-year delay in a POCSO case.
Additional sessions judge Anu Aggarwal was hearing the plea for condonation of delay in filing the chargesheet by the officer.
The court asked the Delhi Police commissioner to conduct an inquiry against the officials responsible for causing the delay and apprise it whether there was a mechanism to prevent it.
In its order dated January 25, the court said the FIR in the case was registered in April 2017 under IPC Sections 377 (unnatural offences) and 506 (criminal intimidation) and section 6 (aggravated penetrative sexual assault) of the POCSO Act.
However, the chargesheet was filed only on December 24, 2024, the court noted.
The IO was transferred; he had a heavy workload; had some personal issues and the record of the case file went missing -- comprised the reasons behind the delay.
Saying these weren't "plausible reasons", the court pointed out no document was annexed with the application to show that the IO handed over the final report in the record room of the police station post transfer.
"It is clear that the chargesheet remained with the IO. The grounds as mentioned in the application are merely eyewash. IO kept the chargesheet with him for six years in such a serious offence and did not file the same," it said.
The court underlined the violation of provisions of the Code of Criminal Procedure over filing of chargesheet.
"The child was around seven years old at the time of the offence and now, he must be around 13-14 years old. I wonder how much he must be remembering about the incident after six years as memory fades with age and in the case of very small children, it fades even at a greater speed," the judge said.
ASJ Aggarwal went on to added that the "IO had favoured the accused" and delayed the victim's right to a speedy trial.
"It is clear that there is no mechanism of checks and balances at the police station to ensure that the chargesheets which have been sent to the court are filed in the court forthwith and it has been seen that in many cases, IO keeps file with themselves for many years without notice of anyone. This is particularly done in cases wherein the accused has not been arrested or is on bail," the court added.
The police commissioner was directed to hold an inquiry into the matter and file a report by February 27.
"Commissioner of Delhi Police is also directed to file report if there is any mechanism to ensure that the chargesheet shall not remain with the IO and shall be filed in the court forthwith once the road certificate is issued (authorisation for taking the final report to the court) and if, there is no such mechanism, to device the same so as to ensure that there is no unnecessary delay in filing of the chargesheet," the court said.
Meanwhile, the court summoned the accused, saying it was taking cognisance of the offence against the accused based on the evidence before it.
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