HC summons Hry DGP

Tribune News Service

Chandigarh, January 22

Taking up a regular bail application filed by one of the accused in the Morni gang rape case, Justice Raj Shekhar Attri of the Punjab and Haryana High Court today asked the Haryana Director General of Police to be present in the court. The direction came after counsel for the petitioner Sukhvinder Nara alleged flaws in the investigation and added that the accused could not have been identified through WhatsApp. The police chief would now file an affidavit in the matter.

Appearing before the Bench, Nara argued that the FIR in the case was lodged against 40 unknown persons. His client was neither named in the disclosure statement of the co-accused nor in the statement of the victim recorded before the magistrate under Section 164 of the CrPC. He was not even legally identified by the victim.

  He added that the accused was falsely implicated in the matter and was liable to be released on bail. In response, the state counsel and the police official present in the court informed the Bench that the arresting officer had sent the photograph of the accused to the woman inspector concerned through WhatsApp. It was further shown to the victim, who identified the accused.

Rebutting the stand of the state, Nara argued that the identification of the accused could not be done through WhatsApp as no such provision existed under the CrPC.

  Referring to Section 54A of the Code, he argued that it provided for order of the magistrate for identification of the accused during investigation. But such process had not been adopted by the special investigation team, which made the investigation faulty and indicated at false implication of the accused. Noting the contention, the court ordered in-person appearance of the DGP on February 21.

  The High Court had earlier taken suo motu cognisance of the alleged gang rape of a 21-year-old woman by over 40 men in Morni. In an affidavit placed before the High Court, Panchkula ASP Anshu Singla had later submitted that the victim’s husband was also found to be involved in trafficking of his wife.

  Elaborating, he had added that the call details of the phone belonging to the arrested accused were analysed. On examination of the call details, tower locations and interrogation of the accused/suspects, the husband’s role came under the scanner.

Based on the evidence, he was arrested on July 25. His disclosure statement was recorded and videographed. He admitted that he had sent the victim with main accused Sunil, alias Sunny, who was running the guest house where the incident took place. She was allegedly raped for three days by over 40 men.