‘Didn’t discharge duties as public servant’: Court orders case against SHO, 2 SIs for negligence

Agra: A court in Agra has directed police commissioner Deepak Kumar to register a case against Kheragarh SHO inspector Indrajeet Singh and two sub-inspectors - Ibrahim Khan and Harendra Singh - for "gross negligence and failing to discharge duties as public servants", in a case concerning the rape of a minor and attempted rape of her younger sister earlier this year. Kumar was also asked to report back to the court on "subsequent action taken".
Special Pocso judge Sonika Chaudhary, in a six-page order, also criticised an assistant commissioner of police (ACP) for "copy- pasting the SHO's report in the investigation papers and not even bothering to change the dates (in their report)." The judge added that the ACP "just did a formality in the name of conducting an investigation in the case and their inaction undermined the judicial process."
The court's order, issued on Thursday evening, followed a complaint from the girls' father. He alleged that SHO Kheragarh did not file charges of sexual assault and related sections after his elder daughter (16) was raped and the accused attempted to sexually assault his younger daughter (13). The accused were identified as Arbaz Ali and Aleem Ali (brothers) along with two unknown persons.
According to the complaint, the crime took place on Feb 3, when the sisters left home to go to the market around 9am. When they did not return, the family searched unsuccessfully. Two days later, the younger daughter was found near the Kheragarh-Kagaraul crossing, in a distressed state. She stated that they were kidnapped by four men and violated.
The father claimed that when he approached police in Kheragarh with his younger daughter to file a report on Feb 5, the cops refused to register a case. On Feb 6, SHO Indrajeet Singh informed him that his elder daughter had been found in Rajasthan's Dholpur district. She was found the same day but not immediately handed to the family, and purportedly remained in police custody for nearly 36 hours.
The complainant stated that a case was registered under sections 137 (1) (kidnapping) and 87 (1) (kidnapping, abducting, or inducing a woman to compel her to marriage or illicit intercourse) on Feb 7, only after he reached out to the then-Agra police commissioner. Sections under the Pocso Act, however, were not included.
The family's lawyer, Ramesh Chandra, said, "When the elder girl was found, the police made her take a bath which led to crucial evidence being lost. Also, her clothes were not handled properly for forensic analysis."
Police commissioner Deepak Kumar told TOI on Friday: "I'm yet to receive the order... We'll comply with the directions. I'll ask DCP West Atul Sharma to relook into the case. Action will be taken as per the report findings."