Conduct enquiry against IO: Court to DGP

Excelsior Correspondent
JAMMU, Apr 25: In a rarest of the rare case, Principal Sessions Judge, Jammu, Jang Bhadur Singh Jamwal took serious note of probe carried out by the Investigating Officer (IO) in a murder case and directed Director General of Police to conduct an enquiry against the IO. The court also acquitted all the three accused as the prosecution evidence failed to connect them with the commission of offence.
According to the police case, on November 24, 2006, the accused persons namely Narayan Dass, Venketshwar alias Kala and Ashwani Kumar, all the residents of R S Pura, enticed minor boy Suraj Kumar with a promise of giving him a toffee and took him to an isolated place where accused committed sodomy on the child leading to latter’s death.
On the basis of this report, police registered a case, commenced the investigation and finally presented challan against the accused under Sections 363/377/304/34 RPC.
After hearing both the sides, the Principal Sessions Judge, Jammu took serious note of the conduct of then SHO R S Pura Police Station Inspector Kuldeep Khajuria, who was Investigating Officer in the case.
“There is no nexus shown of the accused with the commission of offence. One aspect of the case is noticeable that Investigating Officer has not been examined by the prosecution. The FIR came to be lodged directly under Section 377/304 RPC whereas the case under Section 377/302 RPC should have been registered against the accused”, the Court observed.
“The Investigating Officer deliberately and intentionally not registered the case under Section 302 RPC instead registered the same under 304 RPC. In this way he extended an aid to the accused for charging lesser offence”, Principal Sessions Judge said, adding “the investigation conducted by the Investigating Officer is unknown to the law”.
“The statements of the prosecution witnesses have categorically pointed the commission of offence under Section 377/302 RPC, whereas, the Investigating Officer in dereliction of his duties has conducted a false and frivolous investigation which requires the intervention and disciplinary proceedings against him”, the Court said, adding “IO, the then SHO, was the author of the registration of the case and he ignored the aspect that case should have been registered under Section 302 RPC instead of 304 RPC”.
With these observations, the Court directed that copy of judgement should be sent to Director General of Police with the direction to conduct an inquiry into the conduct of Investigating Officer. The DGP was directed to share the outcome of the inquiry with the Court.

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