Read Time: 06 minutes

Synopsis

The Allahabad High Court recently observed that "poor quality of investigation in I.T. related offences/cyber offences is becoming a major fault line in the functioning of the investigations".

The bench of Justice Ajay Bhanot observed so while considering a bail application in a rape case, where a video of the crime had been recovered from the accused. The bench noted that the Senior Superintendent of Police, Bulandshahar, had admitted various deficiencies in the investigation, though these were later rectified.

The high court said that it has voiced its concern repeatedly regarding the investigation of cyber crimes.

The bench highlighted that it had previously issued directions to address systemic inadequacies, specifically highlighting the failure to properly investigate cyber crimes and the poor supervision of these investigations by police authorities.

It ordered the registry to send a copy of the order to the government advocate for placing the same to the Director General of Police, Lucknow, Uttar Pradesh.

Apart from that, the bench said that "storing and circulating indecent videos of ladies is becoming a serious menace in the society".

The bail plea was filed by one Mange @ Ravindra, who was accused under Sections 376D and 506 of the IPC, and Sections 5G/6 of the POCSO Act.

He had been identified as the principal offender who committed rape with the victim and it was he who had been alleged to record the video of the incident. 

The single judge bench opined that since further investigation as regards the aforesaid indecent videos was still on foot and the victim was vulnerable, therefore, enlarging the accused on bail at the present stage would not be conducive to a fair trial or investigation.

"The offence is grave. There is likelihood that the applicant committed the offence. At this stage, no case for bail is made out," the bench held. 

Accordingly, without going into the merit of the case, the bench dismissed the bail plea. 

However, in the interest of justice and considering the nature of the offence, court directed the trial court to conclude the trial in an expeditious time frame.

"the learned trial court shall make all endeavours to conclude the trial preferably within a period of one year from the date of receipt of a certified copy of this order," the high court ordered. 

It added that the trial court shall promptly take out all strict coercive measures against all the witnesses in accordance with law who fail to appear in the trial proceeding and the police authorities shall ensure that warrants or any coercive measures as per law taken out by the trial court to ensure that the attendance of the witnesses are promptly executed.

Case Title: Mange @ Ravindra v. State Of Up And 3 Others