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The tribunal asked the CP to instrumentality strict enactment against the acrophobic constabulary serviceman arsenic per instrumentality successful the lawsuit helium has indulged successful these alleged activities. (Express Archives)
The Bombay High Court precocious directed the Mira Bhayander-Vasai Virar (MBVV) Commissioner of Police (CP) to behaviour an enquiry into allegations made by an accused booked for raping a minor, against an Investigating Officer for extorting astir Rs. 8.5 lakh for not causing harassment to the petitioner and his family.
The tribunal asked the CP to instrumentality strict enactment against the acrophobic constabulary serviceman arsenic per instrumentality successful the lawsuit helium has indulged successful these alleged activities. “According to us, adjacent if determination is an iota of information successful the statements made by the petitioner’s lawyer, past it is simply a superior substance of interest for the transgression justness strategy successful our State,” the seat noted. It stayed proceedings earlier a peculiar tribunal designated nether the POCSO Act based connected the impugned FIR till the adjacent day of hearing.
A part seat of Justices Ajey S Gadkari and Neela K Gokhale past week passed an bid connected a plea by an accused person, who sought quashing an FIR registered successful 2021 for the offence of raping a insignificant punishable nether Indian Penal Code (IPC) on with provisions of the Protection of Children from Sexual Offences (POCSO) Act.
As per the plea argued by advocator Tushar Lavhate, aft the unfortunate — who had told her parents that she was going to a friend’s spot for a day relation — did not instrumentality and could not beryllium traced, an FIR was lodged against the chartless idiosyncratic successful 2021.
During the probe, it allegedly transpired that the unfortunate had go friends with the petitioner and during their enactment astatine a hotel, helium allegedly sexually assaulted her. Lavhate submitted that constabulary repeatedly visited the petitioner’s household members to harass them by calling them to the constabulary presumption and threatening to implicate them them successful the contiguous FIR.
The petitioner disputed the victim’s connection earlier the magistrate that she was astir 14-15 years of property connected the day of the incident. The plea claimed she was implicit 18 years of property astatine the clip of the alleged incidental and documents were forged to amusement she was a minor.
The HC noted that Lavhate made “startling and serious” allegations against the IO and claimed that he, done a section lawyer, extorted astir Rs 8.5 lakh from the petitioner and his household for not harassing them.
Lavhate produced details of transactions and said immoderate of the magnitude was asked to beryllium deposited successful the slope relationship of the woman of the lawyer successful question. Lavhate alleged that the IO had made the unfortunate “disappear” truthful that she could not look earlier immoderate tribunal to springiness her statement.
Lavhate further argued that the victim’s connection did not allege immoderate overt acts against his lawsuit and helium was falsely implicated successful the case. In August, this year, different seat of HC, portion proceeding an anticipatory bail plea by the petitioner, had directed that nary coercive enactment beryllium taken against him till October 4.
The court, posting the substance for further proceeding connected October 14, directed the MBVV Police CP to record a elaborate reply to the plea and besides directed him to question an mentation from the IO acrophobic and the section lawyer and sought a study from the police.
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