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Unnatural sex: HC orders further probe into woman’s complaint against husband- Mrit News

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Court finds charge sheet filed by police shoddy, asks higher-ups to act against investigating officer

Court finds charge sheet filed by police shoddy, asks higher-ups to act against investigating officer

Terming the investigation conducted by the city police as shoddy, the High Court of Karnataka has ordered further probe into a complaint by a woman that her husband had sexually abused her by forcing her into unnatural sex and circulating her obscene pictures to her father and some friends.

The court found that the charge sheet filed by the Viveknagar police in 2019 was silent on serious allegations of forced unnatural sex and circulation of obscene pictures as the police had invoked only the Section 498A (husband or relative of husband of a woman subjecting her to cruelty) of the Indian Penal Code (IPC) against the accused-husband.

Justice M. Nagaprasanna passed the order while allowing a petition filed by the woman seeking further probe and dismissing the petition filed by the husband questioning the charge sheet.

While directing that the further probe will have to be carried out by a different investigation officer, the court observed that “either the State or the Commissioner of Police should take stock of such shoddy investigations by investigating officers, who either lack competence or deliberately indulge in such investigations.”

“It is high time the head of the Department sets its house in order, by appropriately dealing with such investigating officers on the departmental side,” the court observed.

Background

Both the woman, a native of Chattisgarh, and her husband, a resident of Bengaluru, were alumni of IIT, Mumbai. They married in 2015 in Bengaluru under Special Marriages Act after falling in love with each other when both of them were pursuing their PhD programme in 2013.

Though she was living with him and her mother-in-law in Bengaluru after marriage, she returned to her parental home three months after marriage as he allegedly started abusing and forcing her into unnatural sex. Though she joined him again for a brief period on his assurance of good behaviour, she permanently left him in 2016 as there was no change in his behaviour.

Later, it was alleged in the complaint, that he started threatening her and her father of releasing her obscene photos and videos and in fact he had circulated some of her obscene pictures to her father, and her few friends. It was at this stage the woman lodged a complaint with the Chhattisgarh police, who transferred it to the city police.

“The graphic details in the complaint and the contents of the statements recorded by the police are completely thrown to the winds by the investigating officer. The offence punishable under Section 377 of IPC or under the Information Technology Act is given a go-bye,” the court observed.

While pointing out that the charge sheet has no reference on the contents of mobile phone of her father, which was seized and sent for forensic examination, the court noted that the cellphone of the husband was not seized to investigate offences punishable under Sections 66E and 67 of the Information Technology Act.


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