STOCK MARKET BSE NSE

Court rues misuse of magistrate's power

NEW DELHI: Acquitting a man implicated in a rape case where the FIR was registered on a court order, a local court has held it to be a "glaring example" of misuse of magistrate\'s pow

Published: 26th February 2012 10:43 AM  |   Last Updated: 16th May 2012 06:03 PM   |  A+A-

NEW DELHI: Acquitting a man implicated in a rape case where the FIR was registered on a court order, a local court has held it to be a "glaring example" of misuse of magistrate's power to order a probe into a cognisable offence.

"This case is a glaring example of the misuse of the provision under Section 156(3) of CrPC (power of a magistrate to order police investigation in any cognisable case) whereby this case was got registered under the judicial orders," Additional Sessions Judge Rakesh Tiwari said.

The court made the remark while acquitting west Delhi resident Dinesh Kumar, who was accused of raping a girl.

The girl also said the police had initially not registered her complaint as she was a major and an FIR was lodged only on the basis of a magisterial court's order.

The alleged victim had told a court that in 2002, Kumar took her to his house where he raped her and threatened her that if she leaves the place, he would kidnap her minor brother. She said he later took her to a district court and married her forcibly. After a few days she escaped and reunited with her parents only to know that Kumar already kidnapped her brother.

The court, however, found several loopholes in her description of the incident and various versions put forth by her. It also said that various versions which have come on record about the alleged rape, kidnapping of her brother just when she escaped and Kumar's motive cannot be reconciled with each other.

The judge also found that she was of major age on the day of incident and whatever was done with her, was with her exclusive consent and she married the accused of her own will.



Comments

Disclaimer : We respect your thoughts and views! But we need to be judicious while moderating your comments. All the comments will be moderated by the newindianexpress.com editorial. Abstain from posting comments that are obscene, defamatory or inflammatory, and do not indulge in personal attacks. Try to avoid outside hyperlinks inside the comment. Help us delete comments that do not follow these guidelines.

The views expressed in comments published on newindianexpress.com are those of the comment writers alone. They do not represent the views or opinions of newindianexpress.com or its staff, nor do they represent the views or opinions of The New Indian Express Group, or any entity of, or affiliated with, The New Indian Express Group. newindianexpress.com reserves the right to take any or all comments down at any time.

flipboard facebook twitter whatsapp