New Delhi: A Delhi court today convicted a man for raping a 13-year-old girl and pulled up the city police for initially not registering a rape case on the basis of her complaint and instead pressuring her to settle the matter with the accused.
Slamming the police for its "inaction and apathy", Additional Sessions Judge Pawan Jain also ordered it to pay a compensation of Rs 25,000 to the victim.
The prosecution case was that the on December 12, 2011, the victim and her mother came to the police post at J P N Hospital of Police Station I P Estate and alleged that on November 27, 2011, she was kidnapped and raped by Birju who was known to her as he used to come to her mother's shop.
Medical examination of the girl confirmed rape.
During trial, the amicus curiae pointed to the inordinate delay in lodging the FIR, to which the prosecution said the girl had not reported the matter to the police in time due to fear and for the sake of his family's honour.
The girl and her mother, however, told the court that they had reported the matter to the police the very next day but were made to settle the matter with the convict as they were misguided by the police that if they make a complaint, the victim also will be arrested and jailed for seven years.
The victim told the court that it was only after her grandmother came to know about the incident that she went to the DCP office and subsequently, an FIR was lodged.
"Needless to say that under section 154 CrPC, police are under obligation to lodge an FIR if the information relates to commission of a cognisable offence and the in-charge of police station is further under obligation to supply copy of FIR to informant free of cost," the court noted.
"In the instant case, police had not only violated the legal rights of the victim and her family by showing disrespect to them but also violated the legal and human rights of the victim by not lodging the FIR and pressurising her to settle the matter with the accused.
"It is pertinent to state that the victim of rape does not only suffer physical injury but also psychological and emotional trauma. Such victims are required to be dealt with in a cordial atmosphere but instead of helping the victim and her family, police had multiplied their trauma manifold by not lodging the FIR of the incident.
"Thus, to my mind, the victim deserves compensation from the police for their inaction and apathy," the court said.