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Police must make rape victim feel safe, ensure justice: Bombay High Court

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The Bombay High Court on Wednesday gave the police strict directions to act with utmost seriousness in crimes against women and children by ensuring that the victim felt safe and the accused is punished irrespective of influence or political connections.

A division bench of Justice V M Kanade and Justice P D Kode was hearing a petition filed by the father of a 15-year-old who was allegedly raped for over a year and then forced to marry the rapist, allegedly in connivance with police officers and a municipal corporator. The rapist then fled to Saudi Arabia.

According to the petition, the girl's father had first approached the police to file a complaint on February 2, 2013. However, a day later, the girl was allegedly married off to the 34-year-old man who she had accused of rape. On March 21, 2013, she gave birth to a child.

Advocate Wesley Menzes, who appeared for the victim's father, argued that the Special Investigation Team (SIT) probing the matter was not complying with the court order properly. The prosecution informed the court that as per its directions, the director general of police had formed a SIT which was being supervised by an additional commissioner of police. The SIT had recorded the victim's statement and further investigations were on.

Advocate Menzes also submitted a non-cognizable offence complaint that a friend of the accused had called the victim's sister and tried to intimidate her. He requested for the probe to be transferred to the CBI. The court then directed the deputy commissioner of police to provide round-the-clock protection to the victim's family.

Observing that it was a very serious case which will have national ramifications, the bench said, "The police has to create confidence in the victim and not scare her and work to ensure that the accused, no matter how politically connected, don't get away after committing a crime." The court told the petitioners to file an application giving details of the alleged non- compliance of procedures and their plea for a transfer of probe. The court also asked the prosecution to file a reply to the application and adjourned the hearing by two weeks.

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