Policemen in dock for implicating four in false robbery case

Policemen in dock for implicating four in false robbery case

New Delhi, Dec 26 (PTI) A Delhi court has filed a complaint against four police personnel, including an inspector, and others for implicating four men in a false robbery case saying it involved serious constitutional and human rights violations.
Additional Sessions Judge Kamini Lau also issued notice to the Delhi government seeking its response as to why compensation should not be provided to the four men who were acquitted in the case.
The court also expressed its concern over the manner in which police officers acted to implicate the accused.
"Serious constitutional and human right violations have been observed by this court in the present case. None of the accused before this court who all come from very poor families, have any previous criminal record. They have suffered detention and trial for an offence they have never committed," the court said.
It acquitted Dalip Kumar, Deepak, Ravinder and Vikas, who were accused of robbing Nitin, the complainant, of his wallet and a mobile phone at knife point on January nine this year at Jahangirpuri here.
The court expressed surprise after Nitin deposed before it during the trial that no incident of robbery had taken place.
He testified that he went to the police station on instruction of his employer- property dealers Kuldeep Soni, Deepak Soni and Vishwajeet-- where constable Sajjan Singh, head constable Dalip, assistant sub inspector Umed Singh and inspector SB Yadav allegedly made him sign some blank sheets.
The complainant also did not identify any of the accusedduring the trial.
The court, which directed an inquiry into the matter by Delhi police''s Crime Branch, was shocked after being told that Nitin was complainant in another FIR bearing No 205/10 dated June 16, 2010 with the same sort of allegations.
Likewise, the court was further told that Kuldeep, Deepak and Vishwajeet were also complainants in different FIRs with similar sort of charges with Jahangirpuri police station.
"It is not the duty of the government to lodge false cases in order to book the suspected criminals. I may say that the officers of the State (Police) have failed to act in accordance with law and to perform the duties assigned to them.
"Initiating and instituting false criminal proceedings knowing that there is no just or lawful ground for the same is a serious offence. Registration of false cases against suspects is an impermissible method of crime control," the Judge said. .

http://news.in.msn.com/national/article.aspx?cp-documentid=4741700

Court puts woman, her kin on trial for falsely implicating 3 cops|Only a woman judge can pass such order that woman do lie,perjure,mislead and utter falsehood

A Delhi court has ordered prosecution of a woman, her husband and father-in-law for falsely charging three Haryana policemen with raping her at a police station six years ago.

ASJ Kamini Lau ordered criminal trial of the three Jahangirpuri residents, while absolving a police sub-inspector and two constables of the charges of abduction and rape of the woman. "A complaint under Section 195 of the Code of Criminal Procedure (CrPC) is being lodged under appropriate provisions of law against the girl, her husband and her father-in-law for the commission of offence of instituting criminal proceedings against the cops who were falsely charged," Lau said while acquitting the officials.

 http://timesofindia.indiatimes.com/city/delhi/Court-puts-woman-her-kin-on-trial-for-falsely-implicating-3-cops/articleshow/7130793.cms#ixzz18efUY2My

Woman to face trial for lodging false rape case – PERJURY : Delhi high court

The Delhi high court today refused to quash a false criminal case of rape lodged by a Delhi police woman employee against a man to ensure that she faces prosecution later for falsely implicating him.

"If a prosecutrix makes false statement of an offence punishable with minimum period of 7 years imprisonment, she must be made to face the consequence of registering a false FIR against an innocent person," said Justice Shiv Narayan Dhingra, dismissing a petition by a Delhi-based property dealer Karan for quashing of the FIR against him.

Justice Dhingra dismissed the petition despite his plea that the woman has admitted to making false accusations against him early this year and they have reached an out-of-court settlement of the issue.

"I consider that an offence under section 376 of the Indian Penal Code being punishable with minimum sentence of seven years cannot be looked at so lightly," Justice Dhingra said.

"The prosecutrix cannot be allowed to turn around and say that she made a false statement and that now she has compromised the matter," he added, refusing to quash the FIR, and leaving it to the trial court to acquit the man and initiate prosecution against the woman instead on charges of perjury.

"The court cannot allow quashing of such FIR when neither the prosecutrix is being punished for making false statement nor the accused is brought to book for the offence of rape," he said.

FULL TEXT AWAITED

http://www.dnaindia.com/india/report_woman-to-face-trial-for-lodging-false-rape-case-delhi-high-court_1467597

Cop in dowry case faces court’s wrath

Cop in dowry case faces court’s wrath

Sessions court rules police inspector had falsely implicated a Vile Parle family though he knew they were ‘innocent’; family wants to put past behind them

Sunday, January 04, 2009 at 03:52:58 AM

Madhukar, Nanda and their son Ashish had been arrested after their daughter-in-law Meena committed suicide in 2007

In an alleged dowry death case, a police official has come under the court’s scanner for falsely implicating a family by submitting false evidence. If found guilty, police inspector Pandurang Tangadpalle of Vile Parle police station could face upto three months imprisonment.
“The investigating officer has acted with mala fide intention to book the accused and he fabricated false evidence with the intention that the accused be convicted and sentenced,” a sessions judge observed. He added that the policeman had done so “though he was aware the accused are innocent”.
The court issued a notice under charges of perjury (section 344 of CrPC for misguiding a court by giving false evidence) to Tangadpalle, and acquitted five members of a Vile Parle family of dowry harassment.

“From the conduct of PI Tangadpalle, it is apparent that he was acting as a puppet in the hands of Manohar Verma (the complainant). This is a fit case where the court should take cognisance of the offence of fabricating false evidence,” observed Sessions judge R D Jadhav, while issuing the notice to the officer.

The court observed that Tangadpalle had delayed filing an FIR and had fabricated the worth of valuables the deceased had received during marriage.

Case background
A case of dowry harassment was registered against Ashish Desai, his father Madhukar, mother Nanda and brothers Hemant and Umesh, after Ashish’s wife Meena committed suicide on March 3, 2007.

Based on a complaint by the deceased’s brother Manohar, the police arrested the Desai family. Manohar alleged Meena was harassed mentally and physically for dowry by the Desai family.

But the Desai family argued it had been a love marriage and as Meena’s father was against it, the couple wed in December 2000 only after her father’s demise. The couple had a son who was born three years after the marriage. Defence lawyers argued there had been no demand for dowry.

“The accused did not harass, nor make any demands for money. They never abused, nor beat Meena.” they said. The court while acquitting the family, observed that there was no evidence that the accused had subjected the deceased to cruelty or made any dowry demands.

Therefore there was no evidence they had caused her death or abetted the suicide. When contacted, Tangadpalle remained unavailable for comment.

We want son to move on 
“There would be quarrels between my son and Meena as they disagreed on certain issues but her death was not caused by dowry harassment. Whatever we have faced — mental, physical and social trauma — is our past.

The most difficult part was the trauma my son and grandson faced. We are consulting a psychologist to help my son finally move on in life. He is still under trauma and suffers from guilt pangs. He just wants to live for his son now,” Madhukar Desai said

http://www.mumbaimirror.com/index.aspx?page=article&sectid=2&contentid=20090104200901040352587163655859

HC rues misuse of judicial process to stall trial

HC rues misuse of judicial process to stall trial

TNN, Aug 13, 2010, 05.19am IST

NEW DELHI: For those hoping the recent money trail exposed in the run up to Commonwealth Games will result in swift punishment by the judiciary, here is a reality check by the Delhi high court.

In a sober assessment of judiciary's own capabilities to bring corrupt accused to book, HC has lamented how despite documentary evidence corruption often goes unpunished as accused misuse the judicial process.

"The judicial process is often used as a tool to see that even if there is documented proof of commission of crime the accused goes scot free because of multifarious levels of appeals, writs, revisions, 482 CrPC petitions and special leave petitions to which accused and petitioners have unlimited access under the present system,'' Justice S N Dhingra noted, on Thursday, while throwing out a petition filed by one Mohan Lal Jatia, accused of perjury by the Supreme Court.

"The real judicial reform can come in this country only when despite the strength of money power and political power one is not able to capture the judicial system and hold it to ransom on the strength of this power,'' Justice Dhingra bluntly noted in his judgement after realising that in the case at hand the man accused of submitting a false affidavit in SC in 1986 (where the registrar general of SC himself was the complainant) had managed to drag his case for so long at the magistrate level.

The present petition is a gross misuse of the judicial process. The accused persons have come a second time before HC assailing the procedure being adopted by the magistrate. The whole effort by the accused seems to be not to allow the trial to go any further, an anguished HC observed. The court was also pained to note how the complaint filed against the accused in 1994 was still at an initial stage in 2010. "For these 16 long years the trial has not proceeded an inch. Those who talk of judicial reforms must take note of such numerous cases pending in courts where judicial process is misused to see trials don't proceed further,'' the judge noted while dismissing Jatia's plea and fining him Rs 1 lakh.

http://timesofindia.indiatimes.com/city/delhi/HC-rues-misuse-of-judicial-process-to-stall-trial/articleshow/6301833.cms