Andher Nagari:Judiciary:HC nails five cops for rape frame-up

This is just one of the many cases where there has been miscarriage of justice.

Today the entire policing, prosecuting, and judicial system is so convoluted that criminals are seldom touched and innocents are punished regularly with impunity.

HC nails five cops for rape frame-up

Policemen Face Up To 7 Yrs In Jail For False Charges

What about the prosecutor who prosecuted innocent persons,and the judge who sent innocent persons to Jail?

Ed

Abhinav Garg | TNN

New Delhi: Five policemen who framed four men in a gangrape case at the instance of a prostitute, resulting in the accused’ conviction a decade ago, have now been nailed by the Delhi High Court which on Friday slapped criminal charges against them.

Justice S Muralidhar, while acquitting the four convicts, Pankaj Chaudhary, Gunjesh Chaudhary (brothers), Jai Lal and Mohammed Kasim found that the cops who were posted in Hauz Khas station in 1997, had framed these men.

HC has now asked the registrar general to ask the trial court to begin criminal proceedings against the five cops
— SI Jai Bhagwan, ASI Prem Chand, inspector H M Bakshi, the then SHO and two head constables Ratan Lal and Sagar Chand.

All five face the possibility of minimum seven year jail term under various sections of IPC for fabricating evidence and giving false evidence in court and have been slapped with a fine of Rs 25,000 each, payable to the innocent men. Interestingly, an internal inquiry by Delhi Police had established as early as 2001 that the four were framed by the five policemen.

The woman who alleged she was a gangrape victim, on whose testimony the men were convicted in 2000, will also face action for lying, HC ruled.‘‘This case is an instance of how a false criminal case, instituted in connivance with obliging police officials can virtually ruin the lives of innocent persons..it also demonstrates the value of the right to appeal and need for self corrective measures within the police and judiciary,’’ Justice Muralidhar noted in his verdict, lamenting that the four men had to carry the stigma of being rapists for all 12 years which is ‘‘unlikely to be erased for sometime notwithstanding their acquittal by this judgement.’’

Granting them relief with costs, HC also gave three months time to the state government to compensate the men, also leaving it open to them to knock the doors of human rights commission for relief. The case stemmed from an FIR lodged by Hauz Khas police station in 1997 where a woman alleged she had been gangraped by four men in Katwaria Sarai area of the capital.

The cops fabricated evidence to suit the allegations, leading to the four men being convicted for the crime by a trial court in 2000. The real reason, as was discovered later, was that the men had protested against her presence in their area, asking her to leave. She retaliated by alleging rape.

However, in an interesting twist, a second FIR lodged on the same night, surfaced from the same police station, recording that the woman had been arrested for prostitution and was cooling her heels in the lockup at the time she alleged she was gangraped. This led to the men moving HC, urging it to declare them innocent as they had clearly been framed, as also concluded by the police inquiry. B

But the entire process of inquiry, retrial on the basis of additional evidence and HC dealing with their appeals took up the next nine years, with the result that justice has come to these men only in 2009.
abhinav.garg@timesgroup.com

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