Mangaluru: An investigating officer facing charges of dereliction of duty in connection with a case registered under the POCSO Act has been awarded Rs. 5 Lakh fine. Mangalore Additional District and Sessions, Court has ordered that the fine should be paid to the two accused.
A case was registered under the POCSO Act against a labourer in February 2021 at the Women’s Police Station in the city based on the statement given by the rape victim about the forced abortion of the foetus. After a few days, the girl retracted her statement and alleged that another person had sexually harassed her.
In December 2022, the minor who gave a statement again to the Sub-Inspector Srikala of the city’s Women’s Police Station had alleged that her father had been sexually harassing her since 3 years. During the trial, the judge considered the fact that the inspector of the Women’s Police Station Lokesh, had given a clean chit to the accused in the chargesheet before the investigation report was handed over was a serious omission in the investigation. The name of the accused mentioned earlier by the victim was ignored by the investigating officer Lokesh. The blood sample of that accused was not collected. This shows that the investigating officer has tried to protect the accused. At the last stage of the trial of the case, the DNA test report of the accused has reached the court.
According to genetic experts, it has been found that the three accused named in this FIR are not among the biological father of the foetus. The investigating officer filed the chargesheet based on the victim’s distorted statement. Additional District and Sessions Court and POCSO Court Judge K. M. Radha Krishna mentioned in the order that the investigating officer and his team should be held responsible for the harm caused to the innocent in order to protect the real and potential culprits. The judge also ordered that the investigating officer and his team should pay Rs. 4 Lakh to the victim’s father and Rs. 1 Lakh to another person identified as the accused within 40 days.
The judge opined that the investigator and his team are responsible for the omissions in the investigation, falsification of documents, abuse of office and authority, and directed that a copy of the order be sent to the Principal Secretary of the Home Department and the Mangalore Police Commissioner.
Speaking about this, the investigator Lokesh said that there is a rule to submit the chargesheet within 90 days in any case. However, the DNA report of the accused was delayed due to the fact that the victim had changed her statement. We submitted the chargesheet within 90 days. He said that he will file an appeal in the High Court against the order delivered by the court.