Bombay HC Flags Inefficacy in State’s Response to Crimes Against Women

The Bombay High Court has criticized the inconsistency between the state administration’s claim of taking crimes against women seriously and the actions of law enforcement, observing a “paradox” that undermines these assurances.

During a session on August 12, a division bench comprising Justices A S Gadkari and Neela Gokhale expressed their displeasure while hearing a plea by a man seeking the quashing of a case filed against him. The man is accused of outraging the modesty of a woman and disrobing her in public. The bench highlighted serious deficiencies in the investigation, including false statements by the investigating officer.

The incident, as detailed in the FIR filed by the Yavat police in Pune rural on April 30, involved the accused verbally abusing a woman. When her 25-year-old daughter intervened, he allegedly attempted to assault her and disrobe her, escalating to tearing off her sleeve.

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Upon reviewing the chargesheet, the judges remarked they were “not only shocked but quite appalled” by the absence of crucial evidence, such as the seizure of the daughter’s torn dress, which was not documented. This omission calls into question the integrity of the investigation, suggesting a potential bias towards the accused.

Justice Gadkari and Gokhale noted the situation necessitated immediate attention from the highest levels of the police hierarchy. They have directed the Additional Chief Secretary (ACS) of the Home Department to respond to the man’s petition within two weeks and called for stringent remedial measures to address these failures.

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In a stern directive, the court also stayed the proceedings at the magistrate court until the next hearing scheduled for September 3, emphasizing the need for a transparent and effective response to such grave incidents.

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