Allahabad High Court Slams Poor Investigation In Minor’s Rape Case; Demands Better Handling Of Digital Evidence

The Allahabad High Court has delivered a scathing critique of the investigation into a case involving the rape of a minor girl and the distribution of obscene videos.

The court has instructed the state’s Director General of Police (DGP) to issue a circular emphasizing the need for thorough investigations in cases involving digital and electronic evidence.

Justice Krishna Pahal issued the directive while reviewing the bail application of Saurabh Kumar, who faces serious charges including gang rape, criminal intimidation, and the dissemination of obscene videos.

The prosecution alleges that Kumar and his accomplice, Sehban, lured the minor girl from her school, assaulted her, and recorded the incident.

The authorities found the video, which circulated via WhatsApp, on the victim’s brother’s mobile device. They lodged an FIR at Ahraula Police Station, District Azamgarh, on 3 April 2024.

The court condemned the investigation’s handling of digital evidence, noting significant lapses by the investigating officer.

The court criticized the careless attitude of the officers, who reportedly only seized digital evidence like videos and photos in pen drives, forwarding them to the Forensic Science Laboratory without proper preliminary investigation.

This, the court noted, seemed like an attempt to evade responsibility.

Justice Pahal stressed that such negligence undermines the fundamental rights of both the accused and the victim.

The court has however ordered the investigating officer to submit a detailed personal affidavit outlining the handling of the evidence in this case.

The court further remarked, “Merely collecting digital evidence and sending it to the laboratory without thorough investigation is an act of shirking responsibility and must be stopped.”

Meanwhile, the court will review Saurabh Kumar’s bail application at the next hearing, likely scheduled for 27 September 2024.

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