Delhi Court orders proceeding against investigation officer for fabricating evidence
Mar 28, 2022
New Delhi [India], March 28 : A Delhi Sessions Court pulled up an investigation officer (IO) of Delhi Police for fabricating evidence against an accused.
The Sessions Court ordered the lower court to initiate proceedings against the officer. This matter pertains to an FIR registered at Govind Puri police station for allegedly assaulting a public servant.
Additional Sessions Judge (ASJ) Sonu Agnihotri, in a recent order, directed the Chief Metropolitan Magistrate (CMM), South East to initiate proceedings against IO SI Vivek Tomar for committing an offence under Section 193 of IPC.
The Court directed, 'For the act of IO, let this order be sent to learned CMM, South East who shall treat the present order as a complaint against IO SI Vivek Tomar for the commission of an offence under Section 193 IPC.'
The Court has asked Vivek Tomar to appear before the court of CMM with regard to the present complaint of April 1, 2022. This order was passed after the counsel for the accused produced a video in the court showing recovery of the weapon from another accused. He filed the video on a pen drive.
The Court has also directed to send a copy of the order to Chief Metropolitan Magistrate (CMM) along with a pen drive filed on record by defence counsel and a copy of the charge sheet filed in the present case.
The Court has further directed to send the copy of the order to DCP, South East with direction to examine the role of the concerned SHO and ACP who forwarded the charge sheet in the present case and in whose tenure, the accused was arrested and recovery of weapon of offence was effected from accused. "Let DCP, South East file a report in this regard on April 20, 2022", observed the court.
The Sessions Court passed this order on the submission and production of a video clip by the counsel for the accused Ossama Raza during the bail arguments. The Counsel produced a video clip on his mobile which shows the recovery of the knife, the weapon of offence, from another accused Anas Khan. Though IO has shown recovery from accused Ossama Raza.
Counsel also submitted that IO has fabricated false evidence in this case to trap the accused. It was also submitted that the accused as per the charge sheet filed was arrested from the spot whereas, in the arrest memo of the accused, the place of the arrest of the accused has been shown to be Govind Puri police station.
The IO was shown a video clip by counsel for the accused on his mobile who admitted that as per the video clip, a knife seized in the present case in actual is being recovered from the possession of accused Anas Khan. He also said that he arrested the accused.
Another policeman head constable Amar Singh was also shown the video. He also submitted that knife used in the commission of the offence was recovered from the possession of co-accused Anas Khan.
The Court observed, "All the above facts clearly show that IO has fabricated false evidence for the purpose of being used in judicial proceedings which is a serious matter and casts a shadow of doubt on the investigation conducted in the present matter. The Act of IO is squarely covered in the purview of Section 193 IPC which provides punishment for giving or fabricating false evidence for the purpose of being used in any stage of a judicial proceeding."
