Srinagar: With the nurse, who has accused Director Health Services Kashmir (DHSK) and three others officers of “attempt to rape”, a local court here on Saturday said that the Investigating Officer may add during investigation all offences as disclosed by the alleged victim in her complaint.
Disposing of an application filed by the nurse, posted in south Kashmir’s Anantnag district, Chief Judicial Magistrate Virender Singh Bhou also directed IO, the Station House Officer of police station Shaeed Gunj here, to file report of further investigation before it within ten days.
“SHO/ IO concerned shall take steps during investigation in the light of statement of the complainant recorded and he may add offences as are disclosed from the statement of complainant,” the court said, underling that the IO “is not precluded to add or delete offences” as are disclosed on the basis of evidence.
The directions and the observations were made by the court after hearing nurse’s counsel Ishtiyaq Ahmad Khan, pleading that the FIR against the accused was not registered under the sections warranted from the contents of the compliant.
“The contents of the complaint disclose section 376 (punishment for offence of rape) read with section 511 (punishment for attempting to commit offences punishable with imprisonment for life or other imprisonment), 506 (punishment for criminal intimidation), 354 RPC (assault or criminal force to woman with intent to outrage her modesty) and also 501 of RPC,” Khan said.
“But the SHO concerned, to dilute complaint of the complainant, booked the accused in a much lighter offence (section 354-A RPC). The SHO appears to be under influence of the four accused,” Khan said, alleging that the IO has not been conducting the Investigation in a fair and transparent manner.
“The complaint is not being taken cognizance of in its real spirit and scope which has prejudiced the legal rights of the complainant and in the process a wrongful gain is being provided to the accused.”
In the complaint, the alleged victim has named Dr Saleem-ur-Rehman (DHSK); Dr Nazir Shadad (CMO Anantnag); Dr Arshid Tak (BMO Sallar) and Dr Ashraf (Incharge Medical Superintendent Seer Anantnag) as the accused.
The court also directed police to provide all necessary protection to the alleged victim resides.
“Police Station concerned within its jurisdiction where the complainant resides shall take steps for ensuring her protection as well as Police concerned where the case has been registered shall take steps for protection during investigation,” the court said, observing that the right of protection was available to every citizen.
For supervising the investigation as pleaded by the victim, the court said, “within text and whoop of supervisory powers conferred upon this court to supervise investigation conducted by the police under, this court can pass direction for fair investigation and also to supervise the investigation in its limited perspective.”
Regarding the demand of registration of FIR, the court said it has already been registered.