The Delhi High Court has sought the stand of the police on a plea by a senior citizen, who was accused of rape by his daughter-in-law and discharged of the offence two years after the incident, seeking framing of guidelines on how the police should handle probe into cases arising out of marital rows.
A Bench of Acting Chief Justice Gita Mittal and Justice C. Hari Shankar has sought the response of the Delhi Police on the petition in which the senior citizen has claimed that the agency colluded with his daughter-in-law, who had also accused her mother-in-law of aiding the alleged sexual assault.
Preliminary probe
In his petition, Shashi Kumar Mahajan claimed he was immediately arrested on registration of an FIR, which was lodged nearly a month after the alleged incident and without any preliminary investigation.
The petition said the woman had lodged the complaint on May 21, 2014, alleging that her father-in-law had raped her on April 21, 2014, with the aid of her mother-in-law while her husband was not at home.
The father-in-law, a diabetic and a heart patient, spent two months in Tihar jail before he was granted bail and a Sessions Court later discharged him of the charge of rape only in April 2016 by saying the offence was not made out, the petition has said.
The couple parted ways in 2014 after the arrest of the father-in-law, the plea has said.
‘Abuse of power’
It has claimed “abuse of power” by police officers who were investigating the woman’s complaint and has sought initiation of disciplinary action against them.
The petition has contended, “There is no provision and due process to achieve and secure objectivity and accountability in the investigation, which leads to arbitrary probe and abuse of power and authority in many cases, as in the present matter.”
It said that in the instant case the police officers investigating the case did not obtain any document from the woman to corroborate her allegations regarding demand of dowry made against her husband and in-laws.
No medical examination
The joint petition, also by the woman’s husband and mother-in-law, claimed that the police lodged a First Information Report a month after the alleged incident of rape and the offence was included in the chargesheet without even carrying out a medical examination of the complainant.
Apart from the petition, the senior citizen has also moved a separate petition in the High Court seeking lodging of an FIR against the woman for levelling false allegation of rape against him.
