Chandigarh: The findings of a 900-page report of the then IG Kunwar Vijay Partap solely coping with the AIG Ashish Kapoor and Poonam Rajan Singh rape and extortion fees have been ignored in the 103-page investigation report submitted by the Special Investigation Team (SIT) headed by ADGP Sharad Satya Chauhan giving a clear chit to Kapoor.
IG Kunwar Vijay Partap had finalised his report on February 17, 2021, after which handed it on to the SIT.
Sources near the Police Complaints Authority point out {that a} re-investigation is prone to be ordered in the whole matter after contemplating and evaluating the stories of IG Kunwar Partap and ADGP Sharad Satya Chauhan.
The Chauhan-led SIT appears to have, knowingly or unknowingly, dismissed the arguments forwarded by Kunwar Partap upholding Poonam’s fees. She had alleged rape in custody at Amritsar jail and extortion of over Rs 1 crore in Zirakpur police station by AIG Kapoor, who’s now in judicial custody. The Vigilance Bureau headed by ADGP Varinder Kumar registered a contemporary FIR early this month in opposition to Kapoor pertaining to extortion, whereas leaving out the rape cost because it didn’t fall in its purview.
According to senior advocates, the legal guidelines 376, 376 (C), and 376 (D) of the IPC make the authorized place in a rape case very clear. If a lady ranges an allegation of rape by an individual in a place of authority, these sections of the rape legislation present a “presumption of fact” in favour of the sufferer. No different proof is required. The onus to show his innocence lies with the accused and in the current case, it lies with AIG Kapoor.
Further, the legislation says if a police officer refuses to register an FIR after an allegation of rape is made, he’s liable to be prosecuted beneath 166 (A) of the IPC which entails 2-year imprisonment. No prosecution sanction is required from the federal government to proceed in opposition to such a police officer.
A senior lawyer explains that SIT that dismissed the rape cost of Poonam in opposition to Kapoor and really helpful cancellation of the FIR has dedicated an offense and is liable to face motion beneath 166 (A) of the IPC.
Kunwar Partap, in his report has extensively quoted rape legislation together with amendments that got here into impact in 2013 after Delhi’s Nirbhaya gang rape case. But ADGP Chauhan, has termed the rape allegation as an afterthought and as being with none proof, which senior officers say is in opposition to the prevailing rape legal guidelines in the nation.
In the allegation of extortion, Kunwar Partap’s report provides clear particulars and names of 10 checking account holders to which extorted cash was transferred on the behest of Kapoor. Three of those “short-term beneficiaries” included a jeweller, a pc {hardware} store proprietor, and a saloon proprietor working close to the Zirakpur police station. The cash switch by cheques and retrieval in money operation was dealt with by the then SHO Pawan Kumar, who’s now absconding.
Kunwar Partap’s report has additionally handled a triple-story bungalow in Gurgaon priced at a Rs 3.5 crore which was handed over to Poonam. The two, in good occasions of their relationship, had proposed to marry and stay fortunately collectively thereafter. But later, when relations soared as Kapoor backed out from divorcing his spouse, Poonam was forcibly dragged out and evicted from the bungalow. The SIT didn’t contact this situation in its report.
The SIT missed the allegation of extortion of Rs 1 crore and didn’t even contact the difficulty in its report. And it’s on this very lapse the Police Complaints Authority headed by Satish Chandra lately summoned SIT members for a proof. After speaking to all of the events involved, Satish Chandra is predicted to present his findings quickly.
It seems unusual that ADGP Chauhan and ADGP Vibhu Raj, each IPS officers, ignored IG Kunwar Pratap’s report. Their botched investigation seems to have been aimed to assist AIG Kapoor. The accused AIG loved a strong place these days, being hand-in-glove with the then unofficial “grasp regulator” of the Vigilance Department, Bharat Inder Singh Chahal, an Advisor of the then Chief Minister Capt. Amarinder Singh. The then Director VB B.Okay.Uppal too was a confidant of Chahal.
Based on the statements of assorted individuals, IG Kunwar Partap additionally upheld the allegation of beating of Poonam in the Zirakpur police station. Electric shocks have been additionally given to her by Kapoor and Samarpal Singh. But SIT discovered no proof to that impact and gave Kapoor and Samarpal a clear chit. SIT maintains that Poonam couldn’t produce any video that was recorded allegedly by Samarpal Singh, now DSP, cybercrime, a buddy of the accused AIG.
According to extremely positioned sources, the video exhibiting Kapoor thrashing Poonam is now in possession of the VB. This video, not solely helped to crack the case however made the co-accused, DSP Samarpal Singh and ASI Harjinder Singh settle for their position in the crime, thereby proving Poonam’s allegation.
Indianarrative.com has learnt that another lady was additionally current in the workplace of the SHO Pawan Kumar, together with Kapoor, when Poonam was being thrashed. This thriller lady reportedly made a video of the whole incident with the assistance of Samarpal.
The newest growth concerning the controversy is that two co-accused together with, Samarpal Singh have recorded their confessional statements beneath part 164 of the CrPC in the courtroom of Sonali Singh, Judicial Magistrate, Mohali, apparently lending some assist to the VB case.
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