RANCHI: Taking a strict note of the faulty investigation done by the Sahibgunj police in the sexual assault case of a minor, the Jharkhand high court came down heavily on the police here on Friday.
The court of Justice Ananda Sen issued a notice to the director general of police, directing the latter to explain why the survivor in a sexual assault case was not made a witness by the investigating officer.
Despite the fact that the trial court had issued letters to the investigating officer, Sahibgunj superintendent of police, DIG, Dumka and even to the DGP, no action was taken by the police.
The high court ordered the DGP to furnish an explanation in the matter and explain why the survivor was not examined and who is responsible for the same.
The court also questioned the top police brass to inform what action has been taken by his office against the erring police officers and why should the police officials not be hauled up for contempt for non-compliance of orders of the trial court.
Justice Sen while hearing the bail application of Anil Kunwar, an accused in the case, under the Prevention of Children from Sexual Offences Act was informed that the survivor of the case was not examined and it would be detrimental to the interest of the survivor.
Justice Sen observed in his order that the statement of the 13-year-old girl was recorded by the magistrate, but strangely she was not put up before the court for recording her deposition.
Her non-examination as a witness will only help the accused to come out free from the case, the court observed.
The Justice also noticed from the records of the case that several letters have been written by the trial judge to the police officers, including the top cop of the state, yet no action was taken nor a follow-up was done with regards to putting the survivor up for examination as a witness.
The high court mentioned in its order: “The letters of the trial court are not mere documents of correspondence, they are a judicial order which has to be complied by the authorities at all cost.
Any dereliction in the same is a matter of contempt and will be dealt with severely.” A copy of the order has been sent to the Union home ministry also.