The Madhya Pradesh High Court has ordered the immediate transfer of a head constable accused of rape, emphasizing the influence he exerted over the investigation process. The case, involving serious allegations and procedural lapses by the police, highlights the concerns around delay in justice and manipulation of legal processes by those in power.
The prosecutrix alleged that on January 9, 2018, while she was alone at home in Ishagarh, Ashok Nagar, the head constable entered her house in an intoxicated state and raped her. Despite her efforts, her FIR was not registered immediately by the Ishagarh Police Station. She continued to seek justice but faced resistance from the authorities.
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"It is clear that applicant is still playing an influential role and is trying very hard to manipulate investigation," observed Justice G.S. Ahluwalia.
Instead of taking swift action, the police allegedly supported the accused. A counter-FIR was filed by the constable’s daughter against the prosecutrix's husband on February 28, 2018. Further complicating the case, two inquiry reports—one by the SDO and another by the Additional SP—gave a clean chit to the constable. However, these were never submitted for judicial scrutiny and were not provided to the complainant, which raised serious concerns about transparency.
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Later, an independent inquiry by the Woman Empowerment Officer and the Additional District Magistrate confirmed the prosecutrix’s allegations. Acting on this report, the District Magistrate of Ashok Nagar wrote to the Superintendent of Police, leading to the registration of the FIR on December 2, 2018—nearly 11 months after the alleged incident.
“The police assigned false reason for delay in lodging FIR… the complainant was running from pillar to post,” the Court noted.
Despite mounting evidence and recommendations, the police continued to shield the accused. The court found that the constable had access to confidential reports, which he used to his advantage. He also avoided appearing for his blood sample collection, indicating non-cooperation.
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The court criticized the police for failing to mention the actual cause of the delay, which was their own inaction. Instead, they falsely stated that the FIR was delayed due to the absence of the complainant's mother.
"Police should have mentioned the reason for delay as 'non-cooperation by the police'… but instead gave false reason," said the judge.
Referring to legal precedents including Lalita Kumari vs. Government of UP, the court reaffirmed that once a cognizable offence is disclosed, an FIR must be registered without delay. Any attempt to withhold such information or avoid scrutiny undermines the rule of law and accountability.
In conclusion, the court vacated its previous interim order and dismissed the plea to quash the FIR. It directed the Director General of Police to transfer the head constable to another part of the state to ensure an impartial investigation.
Case Title: Prakash Pawaiya Versus The State Of Madhya Pradesh And Others, Misc. Criminal Case No. 50860 Of 2018
