No chargesheet in ‘Chhoti Nirbhaya’ rape case even after 90 days, DCW sends notice to Delhi police

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In a shocking revelation, the Delhi Commission for Women on Tuesday said that Delhi police had failed to file a chargesheet in the Chhoti Nirbhaya rape case.

4-year-old baby was brutally raped in Delhi’s Keshav Puram area on 9 October.

Also Read: 4-year-old child’s rape: Delhi Police clueless about attacker

The DCW chief, Swati Maliwal, on Tuesday wrote to the Delhi Police Commissioner BS Bassi asking for explanation.

She said, “The Rape Crisis Cell of the Delhi Commission for Women received a case of rape of a 4 year old girl (dated 09/10/2015 PS Keshav Puram). I have been informed that the charge-sheet in this case has not been filed despite passage of 90 days.

“This is a serious issue as the accused has an absolute right for bail if the charge-sheet is not filed within the prescribed period of 90 days in view of proviso (a) to Section 167 (2) of CrPC. A Notice to ascertain the cause of the delay has been issued by the Delhi Commission for Women to the concerned Deputy Commissioner of Police. It should be noted that until proper and timely charge-sheets are filed in rape cases, justice to victims will be denied.

 

Below is the copy of DCW chief’s letter to Delhi police commissioner:

1.      The Rape Crisis Cell of the Delhi Commission for Women received a case of rape of a 4 year old girl (dated 09/10/2015 PS Keshav Puram). I have been informed that the charge-sheet in this case has not been filed despite passage of 90 days. This is a serious issue as the accused has an absolute right for bail if the charge-sheet is not filed within the prescribed period of 90 days in view of proviso (a) to Section 167 (2) of CrPC. A Notice to ascertain the cause of the delay has been issued by the Delhi Commission for Women to the concerned Deputy Commissioner of Police. It should be noted that until proper and timely charge-sheets are filed in rape cases, justice to victims will be denied.

 

2.      As you are aware, letters No. F-1/44/PS/CP/DCW/2015/4407-08 dated 01/08/2015 were sent to you in which the Delhi Commission for Women had sought data on certain aspects of the functioning of the Delhi Police with respect to Crime Against Women.

 

3.      I received a letter dated 02.09.2015 of Shri Deepak Mishra, Senior Special Commissioner of Police (Law & Order) in reply to my letter dated 01.08.2015 addressed to you regarding data sought by the Commission. The facts provided by Mr. Deepak Mishra in Annexure-B to his letter dated 02/09/2015 were very disturbing. It was informed that, in crimes against women, charge-sheets are yet to be filed in 1059 cases in 2012 (27.56% of total cases registered), 3218 cases in 2013 (34.71% of total cases registered), 7319 cases in 2014 (65.3% of total cases registered) and 6800 cases in 2015 (95.45% of total cases registered). Since 2012, 31446 FIRs were registered out of which charge-sheets were filed only in 13050 cases, ie. only one-third of the cases. From the data, it appears that non-filing of charge-sheets is a chronic problem with Delhi Police. 

 

4.      Certain information and documents sought by the Commission were not provided in Shri Mishra’s reply. In this regard, a follow-up letter No. F-1/44/DCW/2015/8764 dated 07/10/2015 was sent to you seeking the requisite information sought in the initial letters, along with certain additional information.

 

5.      Subsequently, in the meeting of 1stState Level Coordination Committee under the Hon’ble Lieutenant Governor on 10/11/2015 and again in the meeting of the Special Task Force on women safety held in Ministry of Home Affairs on 02/12/2015, wherein I had raised the issue of non-filing of charge-sheets, you had assured me that information sought by the Commission will be immediately provided. However, the Commission takes strong note of the fact that despite the passage of several months, complete information has not been provided to the Commission.

 

6.      I would like to reiterate that the information sought by the Commission is extremely crucial for fulfilling the mandate of the Delhi Commission for Women to investigate and examine all matters relating to the safeguards provided for women under the constitution and give recommendations to the Government on the issue of women safety under Section 10(i)(a,b,c). Also, Section 10(iii)(d) of the said Act, empowers the Commission to requisition any public record or copy thereof from any office.

 

7.      Along with the information sought above, please also provide the details of the mechanism(s) currently being followed by the Delhi Police to monitor the filing of charge-sheets in a timely manner.

 

8.      You are hereby directed to submit the information sought in the said letterswithin 10 days of receipt of this letter failing which appropriate action under law will be initiated by the Commission.

 

 

 

(Swati Maliwal)

To

Shri  Bhim Sain Bassi
Commissioner of Police
Delhi Police
New Delhi.

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