The cases of policemen filing false charges are not new in our country. Sometimes the charges are framed under pressure from the corrupt politicians while in other cases the corrupt police itself get involved into such malpractices. But now the game seem to be changing with the Supreme Court of India ruling that those cops found misusing their position and filing false charges against the innocent, will be liable for the prosecution. The new development may not eliminate the malpractices in police completely but it will surely have control over it. Read the complete report here.
Based on the available information from the reliable sources, the Supreme Court of India has ruled that a policeman would be liable for prosecution if he files a charge sheet against a person despite knowing his innocence. This decision came in the backdrop of the order of liability to be fastened on the investigation officers and prosecutors for their deliberate lapses leading the acquittal of the accused in serious crimes. The Supreme Court has ruled that a policeman would be liable for prosecution if he files a charge sheet against a person despite knowing his innocence.
Indicating that the police and prosecutors were on the radar of judiciary, a bench of Chief Justice P Sathasivam and Justice J Chelameswar said police could no longer take shelter behind the practice that in a case relating to alleged sexual assault or rape, they had no option but to file charge sheet against the man accused of the crime even if there was evidence to the contrary.
According to the sources, the court was hearing the case filed at an all-woman police station in Pollachi, Tamil Nadu in 2008 wherein the complaint was lodged by a woman against the man accusing him of sexual exploitation of having a sexual relationship with her on the promise of marriage. She further claimed that she had become pregnant. She also complained that when she sought marriage citing her pregnancy, the man threatened to kill her. The complainant was subjected to medical examination and the doctors said she was not pregnant. Despite this evidence, the man was charge sheeted by a woman sub-inspector, who was entrusted investigation of the case. Pollachi judicial magistrate acquitted the accused. The state did not appeal against the verdict.
Following to this, the acquitted man moved the trial court for prosecution of the woman sub-inspector. But the court dismissed it saying the complaint was not maintainable. The Madras High Court too rejected his appeal. He sought relief from the Supreme Court. Writing the judgment for the bench, Justice Chelameswar disagreed with the HC’s decision not to entertain the man’s plea for prosecution of the policewoman for deliberately initiating prosecution against him despite being aware of his innocence.
He said, “In the case on hand, when the appellant alleges that he had been prosecuted on the basis of a palpably false statement coupled with the further allegation in his complaint that the woman SI did so for extraneous considerations, we are of the opinion that it is an appropriate case where the high court ought to have exercised jurisdiction under Section 195 of Criminal Procedure Code.
“The allegation such as the one made by the complainant against the policewoman is not uncommon. As was pointed earlier by this court in a different context, ‘there is no rule of law that common sense should be put in cold storage’. Our Constitution is designed on the theory of checks and balances. A theory which is the product of the belief that all power corrupts – such belief is based on experience.” The bench allowed the man’s appeal and asked the HC to look at the matter afresh.
These kinds of cases eliminate the faith of man in the police system that works against the favor of innocent people just to satisfy their ego or serving someone. The above judgment will encourage many such innocent people to come ahead and put forward their grievances. If you have ever experienced the harassment from police implicating into the false complaint please share your experience here as this will become the useful information for others.