A sessions court slammed a Delhi Police official for "serious misconduct" in getting a man accused of rape released from jail after "misguiding" the magistrate. Additional Sessions Judge Amit Sahrawat said an application had been filed by Sub-Inspector Anjali Panwar, who was the Investigating Officer in the case, under Section 169 (release of accused when evidence deficient) under the Code of Criminal Procedure (CrPC), news agency PTI reported.
The accused had been arrested under section 6 (aggravated penetrative sexual assault) of the Protection of Children from Sexual Offences (POCSO) Act and the penal provision for rape, the judge noted. However, given that there were two statements of the minor victim - one stating that the accused had established physical relations with her and a second retracting it - the sessions court had not considered the IO's application, while observing that the authenticity would be decided through trial, the PTI report said.
d"Further, it was also told to the IO that if, as per her, no offence is made out, then she should file the cancellation report in the form of a chargesheet and the same shall be considered as per law," the order said. However the court saidd that the IO had "misguided" a first class judicial magistrate's court by filing the same application before it. The order also noted that Panwar had refrained from informing the magistrate that the sessions court, which was competent to hear a POCSO matter, had not considered the application. (PTI inputs)

