Investigation Must Be Thorough in Sexual Offense Cases, Especially Involving Minors: Uttarakhand High Court Orders Further Probe in POCSO Case

Justice Maithani emphasizes the need for thorough evidence collection, sets aside earlier rejection of final report.

The Uttarakhand High Court has directed a fresh investigation into a high-profile case involving allegations of rape and threat against a minor girl. The Court, led by Justice Ravindra Maithani, criticized the initial investigation as inadequate and superficial, emphasizing the need for a comprehensive probe to ensure justice.

The case revolves around an incident dated June 23, 2022, where the victim, a minor girl, was allegedly raped and threatened by Vijay Pal. According to the FIR lodged on January 23, 2023, the accused offered the victim and her brother a lift, took them near his house, and committed the crime. The delay in filing the FIR was attributed to alleged inaction by the authorities. The Investigating Officer submitted a final report citing an alibi for the accused, which included statements from witnesses and Call Detail Records (CDR) suggesting he was on a Char Dham Yatra during the incident. However, this report was met with a protest petition from the informant, leading to further scrutiny by the trial court.

Investigation Inadequacies:

Justice Maithani noted several discrepancies and lapses in the initial investigation. The court found that the Investigating Officer had not thoroughly verified alternative mobile numbers or conducted a comprehensive cross-examination of alibi witnesses. “Effective investigation on crucial aspects, such as verifying alternate mobile numbers and thoroughly cross-examining alibi witnesses, was not done,” stated the court.

Prosecution Case and Delayed FIR:The prosecution detailed that on June 23, 2022, the victim and her brother were offered a lift by the accused, Vijay Pal, who subsequently raped and threatened the girl. The FIR was filed seven months after the incident due to alleged inaction by authorities. Addressing this delay, the Court remarked, “Delay in lodging the FIR does not invalidate it, but it necessitates careful examination of all evidence due to potential bias and enmity between parties.”

The judgment elaborated on the need for thoroughness in investigations involving sexual offenses against minors. The court criticized the IO for not exploring alternative evidentiary leads. Justice Maithani emphasized, “The investigation must be comprehensive and include all possible leads to ensure that justice is served. This includes verifying the presence of the accused through all available means, such as alternative mobile numbers and physical evidence from the location of the alleged crime.”

Justice Maithani stated, “The mere statement of some witnesses, without corroborative evidence, cannot be the basis for concluding the investigation. The IO must investigate further, considering all aspects and leads, to ensure a thorough and impartial inquiry.”

The High Court’s directive for a fresh investigation in this case highlights the judiciary’s commitment to ensuring thorough and unbiased inquiries in cases of sexual offenses involving minors. By setting aside the order rejecting the final report and ordering a comprehensive probe, the judgment seeks to prevent justice from being compromised due to incomplete or superficial investigative procedures. This decision is expected to have significant implications for future cases, reinforcing the necessity of meticulous evidence collection and verification in the judicial process.

Date of Decision: 15^th May 2024

Vijay Pal (Vijay Pal Singh) vs. State of Uttarakhand and Another