Madhya Pradesh High Court: Vivek Agarwal, J., took up a bail application moved by the Applicant accused for offences punishable under Sections 376 (rape), 506 (criminal intimidation) IPC, under Sections 3,4 POCSO Act, under Sections 3(1)(W)(ii), 3(2)(v) SC-ST (Prevention of Atrocities) Act and under Sections 67, 67(A) The Information Technology Act.
As per the prosecution story, the Applicant was known to the Prosecutrix and had committed rape upon her. He took a video of the same and threatened her not to speak of it with anyone. Later on, the Prosecutrix received the said video on her mobile phone. She then brought it to the notice of her mother who took her to the police station to register the crime. The Court, while examining the submissions of the parties, drew its attention to the fact that despite the Prosecutrix producing the video clip before the police, the same was not made a part of the case diary. The Court, vide order dated 22-03-2022, directed the police to provide an explanation for the lapse.
T.I Bahoriband, District Katni tendered her unconditional apology for not making it a part of the case diary sent to the Office of the Advocate General and based on the which it was evident that the T.I of Police Station Sleemnabad, District Katni was prima facie guilty of suppressing the correct facts & not forwarding the relevant copies of the document(s), which were filed before the competent Court.
The Court directed the Deputy Inspector General of Police to conduct an inquiry into the conduct of delinquency on the part of the T.I. Sleemnabad, District Katni, who had forwarded incomplete case diary pertaining to Crime No.424/2021 suppressing the material document(s) so as to facilitate bail of the accused & furnish its report through Principal Registrar (Judicial).
The bail application was dismissed as withdrawn after the counsel for the applicant was informed that a compact disc of obscene video had been recovered from the mobile of the applicant.[Shivkumar Kushwaha v. State of Madhya Pradesh, Misc. Criminal Case No. 5948 of 2022, decided on 24-03-2022]
For applicant: Mr Ram Bihari Gautam
For State: Mr Piyush Jain