KARACHI: Expressing serious concerns over the poor investigation of a rape case, the Sindh High Court has issued guidelines to the police for investigation of such cases.

The SHC also questioned the role of prosecution in the case and underlined the need for proper coordination between the investigating and prosecuting agencies and directed to take measurers for protection of the victims as well as proper training of investigating officers.

Justice Salahuddin Panhwar of the SHC issued these directives during the hearing of a bail application of a suspect allegedly involved in subjecting a three-and-a-half-year-old girl to criminal assault after abducting her from the house of her maternal grandmother in a Korangi locality earlier this year.

The court rules that the victim’s dignity must not be exposed to any harm

The bench in its order observed that surprisingly the IO did not record the statement of the victim’s maternal grandmother since as per the FIR the victim was kidnapped from her house.

It further said that the IO, Sub-Inspector Momin Ali Mirani, contended that he had not sent the samples secured by the medico-legal officer for DNA though the medical report reflected that the same was referred for a DNA test.

The IO also said he was working in the investigation wing since 2007, but he was unaware of the basic criterion of investigation and failed to investigate the present case honestly, it added.

The bench also expressed concerns on the prosecution for its failure to discharge its duty in this case and added that the criminal judicial administration would not be as effective as it should be if the prosecution failed to play its role properly.

It further said that the supervisory authority (SSPs) of investigation wing at the district level was required to ensure that in future a culprit may not escape the deserved punishment merely because of incompetence or negligence on the part of IOs. The SSPs must also ensure to equip the IOs with latest ways of investigation and in accordance with the directions issued time to time by the higher and superior judiciary as well as involving the prosecution department which otherwise was duty-bound to examine the police report and its faults before its submission in court.

Justice Panhwar observed that it had always been the requirement of the law that after registration of every FIR of cognizable offence, the investigating agency must immediately depart to the place of the incident, preserving the crime scene, collecting all material things including fingerprints and ensuring the arrest of a suspect as per the law and procedure.

The bench further asked the police for immediate interviewing of the victim, under a better circumstance, with assurance to the victim that her cooperation was necessary for a proper investigation which includes her medical examination, preservation of clothes etc, and the dignity of the victim must not be exposed to any harm and harassment and she must also be provided all necessary protection by the police.

“There can also be no denial to [the] fact that if interviewer is not properly skilled, he shall never be able to formulate questions properly, hence such aspect was/is always necessary for interviewer/investigator. It is also needless to say that since criminals are getting advanced therefore, investigation should not only be aware of latest techniques/developments in securing evidence but officers must be provided necessary skills and use of such devices,” the order said.

The bench directed to communicate its order to the provincial police officer, home secretary and the office of the prosecutor general for its compliance.

Earlier, on the directive of the bench, the officials of prosecution and investigation submitted compliance reports along with guidelines for investigation in rape offences.

However, the bench observed, “The perusal of the referred guidelines show that it contains nothing new but all what was always expected rather believed from an ‘investigating agency’ in such like cases”.

The bench said that the guidelines of police and prosecution were taken on record with the hope that same will not remain on paper only but will be observed in every case.

During a previous hearing, the bench had issued direction to the inspector general of police and prosecutor general to ensure that competent and well-trained officers shall be investigating the high-profile cases in consultation with the prosecutors. It also sought a report about the action being taken against the IO and prosecutor in the present case.

The SSP Korangi through a report informed the bench that the IGP had suspended the IO and also demoted him to the rank of ASI and an enquiry officer had also been appointed.

A deputy prosecutor general submitted that all measures were taken by the prosecutor concerned and such directions were issued to IO but he failed to comply.

However, the bench observed that admittedly the role of deputy district public prosecutor concerned was lacking in this case who was required to examine the police report before its submission to the judicial magistrate.

Published in Dawn, October 10th, 2018