Bombay High Court directs 24x7 Police protection for woman who opposed dropping rape charge from her FIR

The Bombay High Court recently ordered the Maharashtra government to provide an alleged rape survivor with free, round-the-clock police protection after her lawyer expressed fear for her life as she had raised her voice against a police officer for dropping the rape charge in a complaint filed by her [ABC vs Senior Inspector of Police & Ors.]. .The first information report (FIR) against the accused was registered in December 2021 under sections 376(2) (N), 376(D), 504 and 506 of the Indian Penal Code (IPC).However, the investigating officer (IO) concluded that one of the accused was not present at the spot of the incident and that the other had only committed the offences under sections 417 (cheating), 504 (insult) and 506 (criminal intimidation) of the IPC..A division bench of Justices Prakash D Naik and AS Gadkari observed that the IO disbelieved the survivor's statement alleging rape as he was interested in protecting both the accused from being charged with a serious offence."It clearly appears to us that, the Investigating Officer with a view to protect both the accused persons from the crime of higher degree has indulged into the said act. It further appears to us that, he is interested in protecting accused in such an offence of serious nature. The facts as unfurled are not only astonishing but flabbergasting and shakes conscious of this Court," the order said..The Court, therefore, directed Director General of Police, Maharashtra State (DGPMS) to examine the record of investigation and transfer the investigation of the crime to a Senior Officer IPS Officer, with instructions to him not to relegate his powers further, given the serious nature of the case. The officer was also directed to investigate the erstwhile IO's role and to take appropriate remedial measures if required..Further, the Court noted that it had come across at least three such cases in the past three weeks wherein the statement of rape survivors had been 'totally disbelieved and law enunciated by the Supreme Court in various decisions had been flouted.It further noted that in the past week itself, the case was the second wherein the police did not adhere to basic principles of investigation.Hence, the Court directed its registrar general to communicate the order to Home Minister and Law Minister of Maharashtra, and the chairperson of Maharashtra State Commission for Women..At this juncture, advocate Vikrant V Phatate, appearing for the petitioner, expressed apprehension to the life of the survivor as she had gathered courage to raise her voice against the IO. The Court, therefore, directed the Commissioner of Police, Solapur to provide round the clock protection to the survivor at the cost of State..Assistant Public Prosecutor MH Mhatre appeared for the State..[Read Order]