Excelsior Correspondent
JAMMU, Dec 27: Additional Sessions Judge Udhampur SR Gandhi today awarded 10 years rigorous imprisonment and fine of Rs 25000 to Mohd Yousaf, son of Mangta of Ramnagar, who was facing trial in minor rape case.
The court also expressed displeasure over the manner a victim of sexual assault was made to run from the pillar to post for the registration of FIR and then the manner in which investigation was conducted by the investigating officer and lack of supervisory control over him by the then SHO Nissar Ahmed.
“It is evident from the prosecution evidence and record that investigating officer tried to screen the accused by conducting shoddy investigation. First of all police was reluctant to register the FIR. IO did not seize the clothes of the prosecutrix and sent to FSL for chemical examination”, the court observed.
“She being a rustic villager was not expected to produce it on her own to the police. She deposed that police did not ask for the clothes. Resultantly an important piece of evidence was not collected by the investigating officer”, the court further said, adding “as per the statement of prosecution witness she has studied up to 8th class but again neither the date of birth certificate was obtained from school nor she was subjected to ossification test to ascertain her age”.
“These are the serious lapses committed deliberately by the investigating officer with intention to screen the accused and to weaken the prosecution case and help the accused”, the court further observed, adding “the then SHO is equally responsible for avoiding the registration of FIR and subsequent shoddy investigation inasmuch as he has recorded his satisfaction over the investigation and presentation of challan”.
The conduct of the investigating officer Abdul Wahid and SHO Nissar Ahmed is required to be enquired into, the court said and directed that a copy of this judgment shall be forwarded to the IGP Jammu with direction that enquiry in this regard shall be conducted and its outcome shall be intimated to this court.
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