It is surprising that IO has not made victim a charge sheet witness:High Court of Jharkhand
While hearing the bail application of the petitioner-accused in a case registered under Section 341,323,376& 511 of the Indian Penal Code and Section 8 of POCSO Act, High Court of Jharkhand observed that the investigating officer did not make victim a charge sheet witness.
The victim’s statement was recorded under Section 164 CrPC but she was not made a charge sheet witness. She was also not produced before the court as court witness despite various letters sent to the Superintendent of Police, Sahebganj DIG, Dumka and DGP, Jharkhand. The court failed to understand the rationale behind the acts and raised questions on the type of investigation conducted.
The court said that the letter of the court is not merely a letter but a direction upon the authority to do what has been mentioned in the letter. The letter is preceded by a judicial order. The Court feels that the act of not following judicial orders is contempt of court. It even said that it is high time that this type of attitude be rectified.
The Court pointed out that that the acts of Police are not bona fide and it seems that the Police authority is taking side of the accused. The Court said, “Is the Police authority taking side of the accused persons by not bringing the victim in the witness box, prima-facie this Court feels so.”
The Court said that before proceeding further, it asks the Director General of Police, Jharkhand to look into this case and inform this Court within three weeks from the date through a personal affidavit of the following details:
- Why victim was not made a charge sheet witness and who is responsible for it?
- Why have the officers not responded to letters sent by the Court?
- Will the DGP take responsibility and furnish information to Court?
- What steps has DGP taken himself for production of victim to Court?
- What steps DGP would be taking against erring officials?
- Why should contempt of Court not be initiated against officials?
By Kaushiki (Chanakya National Law University)