The Madras High Court today directed the police to register a case against a father of church for his alleged involvement in the rape of a woman.
Justice R S Ramanathan, on a petition by the woman, in his order said "a reading of the complaint discloses that cognizable offence punishable under Section 376 (rape) has been committed by the accused. Therefore, when the complaint discloses commission of cognizable offence, police have to register a case", the judge said.
The victim had earlier lodged a complaint at Kasimedu Police Station alleging that the father of the RC Church, Kasimedu, in the guise of getting a job to her and helping to her brother for education, had sexually harassed her on various occasions.
When she approached the father Jacob Albert to marry her, he refused and threatened her not to disclose about the matter to anyone.
On her complaint, the Kasimedu police only made an inquiry without registration of any case, S Prabhakaran, counsel for the woman, submitted.
Additional Public Prosecutor, who appeared on behalf of the police, submitted that the police had made an inquiry on the complaint by the woman and examined 24 witnesses. When the police tried to inquire the woman, she was not available in the address given by her. The statements given by witnesses do not support the case of the complaint, he submitted.
On the submission of the Additional Public Prosecutor that the police first made inquiry to find out the truth and the victim woman was not available for inquiry, the judge said "though the victim woman was not available in the address given, no material was given by the police to the effect that the summons were served for her appearance and in the absence of such material, the statement of the APP cannot be accepted at this stage."
The Judge then directed the police to register a case, conduct an inquiry and file a final report.
The judge also directed the victim woman to appear before the police for inquiry on February 18.
