Saurabh Malik
Tribune News Service
Chandigarh, July 29
Less than a month after the Punjab and Haryana High Court called for an action taken report against a Deputy Superintendent of Police (DSP) for furnishing factually incorrect information by way of an affidavit in a rape case, a show-cause notice has been issued to him.
Appearing before Justice Vivek Puri’s Bench on the state’s behalf, an Additional Advocate General submitted: “After considering the lackadaisical and negligent attitude of Amarjit Singh, DSP, a show-cause notice has been issued to him”.
Justice Puri was hearing a regular bail plea in the rape case registered at Sadar police station in Muktsar on June 15, 2021, under Sections 376, 511, 354-B and 506 of the IPC and the provisions of the POCSO Act.
An earlier affidavit submitted by the DSP had indicated that the testimony of the victim and other material witnesses was yet to be recorded — a submission opposed by the petitioner’s counsel. Justice Puri’s Bench was subsequently told that the statement of the complainant and victim had indeed been recorded.
Justice Puri asserted the earlier affidavit placed on record depicted “factually incorrect position” as far as the recording of the statement of the victim and complainant in the trial court was concerned.
Justice Puri added it was then observed that an attempt was being made to shift the onus on to ASI Balwant Singh and to let DSP Amarjit Singh go scot-free. It was sought to be projected that the ASI had submitted wrong information to Amarjit Singh and told him that the statements of the victim and complainant were yet to be recorded. But the aspect was factually incorrect.
Justice Puri also took on record the state counsel’s submission that contemplations were now on to drop the inquiry against ASI Balwant Singh. Referring to another affidavit by Muktsar SSP Dhruman H. Nimbale, Justice Puri added it indicated that Amarjit Singh, being the supervisory officer, was duty bound to verify the facts and case status from the police file.
Granting bail, Justice Puri added the statements of the victim and complainant-mother had been recorded. The allegations against the petitioner were that he had gagged the victim’s mouth. Attempt to rape was not been attributed. He was in custody for more than a year and not involved in any other case. Only two out of 17 witnesses had been examined and the trial was likely to take some time.
State serves notice on DSP for lackadaisical, negligent attitude
{$excerpt:n}
