STATE TIMES NEWS
JAMMU: In the much publicized Channi-Himmat Gang Rape case took a new turn when prosecutrix filed a petition in the state High Court seeking transfer of investigation of the case from Police to CBI Or Crime Branch, and leveled serious allegations against the working of police.
Justice Janak Raj Kotwal of J&K High Court after hearing Advocate Aseem Sawhney appearing for the petitioner, issued notice SSP Jammu and SHO Channi Himmat to file status report.
In the petition filed by prosecutrix also sought that the Investigating Officer be asked to present himself in the Court and his test be conducted to check his legal and investigative ability, besides monitoring of the investigations.
The victim has also sought registration of an FIR against the erring Police officers and Hospital Officers/ doctors under sections 166 A, 201 of the RPC amended vide Criminal Law Amendment Act.
During the course of hearing Adv Aseem Sawhney submitted that the petitioner has been gang raped and sexually abused by the accused namely Jatinder Singh of Sainik Colony, Jammu, Sanjay Kumar, Bubby and one Swarna Kumari and submitted respondents have registered an FIR No. 94/2016 on 26.9.2015 under Sections 376/120 B RPC at Police Station Channi Himmat Jammu but till date has failed to conduct proper and fair investigations. The other accused namely Bubby has not been arrested and the respondents No. 4 and 5 are preparing to exonerate them of the charges on extraneous considerations and merely on account of their being influential persons and politically well connected as the accused Swarna Kumari allegedly runs a prostitution racket and senior Police officers, politicians and bureaucrats are connected with her, therefore the entire investigation is lopsided, unfair, partial and rather all out efforts are being made to screen the offenders and harass the petitioner- who is the rape victim. What to talk of compliance of these mandatory directions of law, neither the law contained in the Section 154 was followed by the SSP and SHO Channi Himmat nor the investigation is going on in a fair manner.
The complainant alleged threat and allurement of money is being offered to settle the case and even intimidated that in case the petitioner does not toe their line she will be eliminated.
The complainant has submitted a written complaint to SSP Jammu in this regard but no action has been taken by respondent No. 4 as he seems to be under pressure or influence of the accused persons or any political person.
Adv Aseem Sawhney submitted that mandate of law has been disobeyed by the concerned officers of the Police just to prejudice the case of the petitioner/complainant and the complainant/petitioner in her application has alleged that the offence under section 166 A is applicable to such Police Officer (s) who are being public servants knowingly disobeying the law as mentioned above viz recording of information, non recording of statements, non following of investigation procedures, non addition of the offences of gang rape under section 376 D RPC, criminal intimidation, wrongful confinement to commit rape, assault, threats to life and offering bribe to compromise the case.
So much so that the vital evidence has been destroyed or permitted to be destroyed by the laxity of the Police and the startling fact is that when the petitioner was taken by the Police constables to the Govt Hospital Gandhi Nagar Jammu, neither a medical board examined her nor any examination took place. Just a woman doctor questioned her and at that time father of the accused Jatinder Singh was also present at the spot. The doctor lives in the same Sainik Colony where the father of the accused is an office bearer of the Society. Therefore it is feared that the report could have been manipulated and managed.
The petitioner has been time and again stating that in the Police Station Channi Himmat, in the Govt Hospital every where the father of the accused and other persons related or friends of the accused were following her and there is no protection to her, so much so that the Police officers are allowing them to speak, intimidate, lure the petitioner who is being accompanied by an NGO chairperson, who has provided support and legal assistance to the petitioner.
