Court Issues show cause notice to investigating officers in acid attack case for lapse in evidence handling

New Delhi [India], December 17 (ANI): In an acid attack case, the Rohini court of Delhi observed that despite the presence of acid stains on the mattress of the bed where the victim was sitting at the time of the incident, the first Investigating Officer failed to seize the mattress.

It was only at a later stage that the second Investigating Officer seized the mattress and the victim’s saree.

The Rohini court of Delhi issued a show cause notice to both investigating officers and directed them to explain why departmental action should not be initiated against them for the serious lapse that led to the destruction of crucial evidence in the case.

Last week, during the hearing the court noted that one of the accused person had expired and directed the concerned Station house officer (SHO) to file a death verification report of that accused person. The Court now fixed the matter for February 28, 2024, for prosecution evidence.

Earlier, the same Court had denied bail to one of the accused who is the sister-in-law (Bhabhi) of the injured/acid attack victim and was earlier declared an absconder by the court for her absence for 6 years from the process of law.

Recently, the Court of Additional Sessions Judge Dhirendra Rana while passing an order, noted that the complainant had received severe injuries during the incident and there is permanent privation of one eye and has also become incapacitated in speaking partially due to the incident.

The matter was reported to the police without any delay and she was examined in a hospital after an hour or so of the incident. Her statement was recorded on June 27, 2018, wherein she categorically cast allegations against the present accused. It is also a matter of record that she was declared a proclaimed offender and was arrested only on February 21, 2024. The chargesheet though filed by the investigating officer is yet to be received by this court.

The family of the complainant has contemplated threat perception and it is argued that it would be difficult to secure the presence of the applicant during trial considering her previous conduct, noted the Court.

Considering the facts and circumstances of this case, previous conduct of the accused and the injuries suffered by the complainant, I am not inclined to release the accused/applicant on bail. Hence, the application for grant of bail moved on behalf of the accused is hereby dismissed, said the court.

The court noted further that the accused was never arrested by police and she had been absconding since 2018.

Advocate Aditi Drall appeared for the complainant and opposed the bail plea and argued that as per the MLC, during the incident the injured was seriously injured and lost one eye forever. Due to the incident, she has also become partially speech impaired. Advocate Aditi Drall further argued that accused Ruby was earlier declared proclaimed offender and the possibility of her fleeing away from the trial cannot be ruled out further her HIV condition is not license to commit crime. Moreover, co-accused are still absconding.

The counsel for the accused argued that the accused was not aware of the proceedings against her and she was arrested from her sister’s house on February 21, 2024.

It is further submitted that to falsely implicate the accused persons in the present case, the complainant herself poured acid on her and to take revenge on the family members, she made false allegations against the accused persons.

The investigation of the present case has been completely evaded and he has been sent to jail on February 21, 2024. Moreover, the applicant is an HIV patient and is undergoing treatment for the same. According to the prosecution on June 17, 2018, at about 9 am when the victim was present at home her mother-in-law and sister-in-law with the help of other accused persons started to strangle her. Further, her uncle captured her hair and her husband poured some acidic substance into her mouth. The victim made a phone call to her brother and called the police. Thereafter an FIR was lodged by police against the accused persons at Shahbad Dairy Police Station, the counsel said.