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Dalit Rape Survivor beaten up by Police: Madhya Pradesh HC orders CBI Probe

Prima facie, the prosecutrix was allegedly beaten up by both lady police and male officer. The prosecutrix also alleges that she was threatened to depose before the Magistrate following their wishes or else “she would be beaten even if she dies”.

Socio Legal Corp

In a sad state of affairs in Gwalior district of Madhya Pradesh a Dalit Rape survivor was allegedly beaten up in the police station. After hearing the plea of Habeas-Corpus the Madhya Pradesh High court directed to initiate departmental inquiry against the police officers.

The court also directed to transfer the investigation of crime to the Central Bureau of Investigation (CBI).

While hearing the plea the court made the following observations:

•             Discrepancies between the videographer and recorded statement of the rape victim recorded u/s 161 Cr.P.C thus it is clear that the police personnel were trying to divert the investigation.

•             Prima facie, the prosecutrix was allegedly beaten up by both lady police and male officer. The prosecutrix also alleges that she was threatened to depose before the Magistrate following their wishes or else “she would be beaten even if she dies”.

•             Illegal Detention of     prosecutrix for whole intervening night of 31-01-2021 and 01-02-2021 is a glaring example of violation of Fundamental Rights of the rape victim under article 21 of the constitution of India.

•             Investigation not done in free and fair manner by the police. Victim was made to wait for three hours before the FIR could be registered, incriminating evidences and CCTV recordings of the house of apprehended accused was not collected.

•             CCTV cameras at the Morar police station are out of order from July 25, 2021. Citing the case of DK. Basu v. State of West Bengal (AIR 1997 SC 610) and Paramvir Singh Saini v. Baljit Singh (SLP cr. No, 3543, 2020) the court said CCTV cameras in police stations and prisons should be installed in a phased manner.

The Hon’ble court then decided after hearing the submissions of both the parties that the police officers have shown undue favour to the accused and have not done the investigation in a free and fair manner.

By team SLC, Shashank (Damodaram Sanjivayya National Law University)

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