1. Presentation by :- SH.RAJENDER SINGH, Inspr.STF/SD
INVESTIGATION OF
RAPE CASES
Presentation by :- SH.RAJENDER SINGH, Inspr.STF/SD

2. S.O.P. and other Points for consideration.
Immediately on receipt of rape call, the local police shall inform DLSA, ACP/CAW, Chief Coordinator of District NGO, Rape Crises Cell at , Crises Intervention Centre, Swanchetan and ACP/DCP;
On information of rape case, DO shall call the lady police officer and make the victim and her family comfortable.
Further he shall inform ‘Rape Crises Cell’ on its notified number. Victim is immediately sent for medical examination. ACP shall personally supervise all investigation into the offence.
FIR with all necessary details shall be registered on the basis of whatever complaint (verbatim) is given by the Victim in the presence of her family members.
No stay of victim in police station. Foster Home for Women may be approached for night shelter.
VASANT VIHAR GANG RAPE

3. S.O.P. and other Points for consideration.
No jurisdictional dispute shall be raised and complaint shall be lodged where it is received first.
This is an ISR /CSR case;
Investigation of the Rape case shall be conducted by a woman officer;
IO shall prepare injury sheet in respect to Victim and Accused person in detail;
The Victim shall be examined by a lady doctor and consent shall be obtained from the victim if more than 18 years of age and consent of Parents in case below 18 years of age;
The Victim should not be called at the P.S. IO should visit in plain clothes and examination of minor should be in presence of guardian/parents;
VASANT VIHAR GANG RAPE

4. S.O.P. and other Points for consideration
Statement of Victim u/s 164 Cr.P.C. should be recorded at the earliest;
Biological evidence should be given proper care and kept in Refrigerator;
Site plan is an important document in closed door rape incident;
Extra sample for DNA examination be asked for. The IO shall request the doctor to take three vaginal swabs samples so that one of them may be required to be used if necessary for the DNA test;
Potency test and Sexualy Transmitted Disease (STD) test be got conducted for accused person;
Documentary proof of age be also collected;
VASANT VIHAR GANG RAPE

5. S.O.P. and other Points for consideration
The Hon’ble High Court of Delhi in response to a writ petition suggested setting up of “Crises Intervention Centre” for responding to calls of sexual assault at the police station to provide counseling and other support services to victims of rape. The Districts have been associating with various NGOs including Swanchetan for the purpose. But be careful from any involvement of any unauthorized NGO.
Early chargesheet is suggested and in sensational cases Special PP be got appointed and in camera proceedings u/s 327 Cr.PC should be requested for.
The victim family be updated as per “Aapka Update”.
VASANT VIHAR GANG RAPE

6. S.O.P. and other Points for consideration
In case of suspect’s medical examination a Form CAT No. SEC 100 titled “Suspect Evidence Collection Kit Instructions” be always referred to examining doctor for better collection and preservation of the evidentiary specimens from suspect of sexual assault. In case of bite marks, the accused should invariably be got medically examined by a Dental Surgeon and the bite marks photographed for comparison with the teeth of assailants.
TIP of accused person be got conducted as soon as possible. They should be kept in muffled face. Victim and Accused should not be brought face to face except judicial TIP.
VASANT VIHAR GANG RAPE

7. S.O.P. and other Points for consideration
On receipt of an information regarding commission of a rape, the IO/SHO shall immediately inform the Rape Crisis Cell established by the Delhi Commission of Women at 2nd Floor, C Block, Vikas Bhawan, New Delhi. The DCW has a 24 hour helpline number The Rape Crises Cell will be updated with the arrest, bail application of the accused and date of filing the Charge sheet. It shall also ensure legal assistance to the victim;
DCP of the district shall be responsible to ensure that his junior gazette officers supervise the cases on the basis of SOP guidelines;
It is desirable that in cases of incest the report under section 173 Cr.P.C is filed within 30 days.
VASANT VIHAR GANG RAPE

8. S.O.P. and other Points for consideration
Women Helpline Service has been started w.e.f in PCR. Any women in case of emergency may call telephone no. 100, 1091, 1291, and and the police will reach her. There is no need for any lady to visit the police station to register her complaint. All cases or rape shall be investigated by a lady officer;
SHO will give copy of FIR to ACP/CAW and Chief Coordinator who will prepare a “Need Assessment “ report for submission to Crime Victims Welfare Associations and Women Commission to ensure compensation to Victim;
Under no circumstances the name and identity of the victim shall be given to media and DCP of the district shall only brief the media, no other person junior to him and NGO.
VASANT VIHAR GANG RAPE

9. S.O.P. and other Points for consideration
The IO shall request the Govt. hospital for the medical examination of the Victim by a senior women doctor and not to any intern or temporary doctor of the hospital;
“Swanchetan” A society for Mental Health” headed by Dr. Rajat Mitra is earmarked for each district in Delhi to give counseling to traumatize victim. They may be contacted on , , and cell phone no
SHO shall inform the Delhi Legal Services Authority (DLSA) immediately of the commission of rape in his area so that DLSA Para Legal Worker may provide Victim necessary moral and legal support. SHO should record this fact in the case diary as well as Roznamcha of the P.S;
VASANT VIHAR GANG RAPE

10. S.O.P. and other Points for consideration
Addl DCP-II for the District, Jt. C.P. CAW Cell for the whole Delhi would be Nodal Officers for these offences. Regular training programs shall be conducted;
The police should keep the permanent address of the victim in their file in addition to present address;
In all cases of threat to the Victim by the accused person and his family, FIR u/s 506 IPC should be registered.
In cases of Child victims of sexual crime, the investigation shall be done by an officer not below the rank of SI preferably a lady officer and the statement shall be recorded verbatim in video recording. The IO shall be in civil clothes and records the statement at his/her residence in the presence of parents and Victim is medically examined in accordance with section 164A Cr.PC
VASANT VIHAR GANG RAPE

11. S.O.P. and other Points for consideration
Dying declaration of victim child shall be done by SDM under video recording.
In case of a girl child victim the medical examination shall be conducted preferably by a female doctor in the presence of Parents and help of psychiatrist may also be taken.
The police should be under a duty to inform the victim of her right to representation before any questions were asked of her and that the police report should state that the victim was so informed.
A list of advocate shall be readily available at P.S. and legal assistance will be provided to the victim at police station level itself subject to the order by the court later.
VASANT VIHAR GANG RAPE

12. Some Changes in Law of rape:
Consent of Victim below 16 years has no relevance in law. It shall be presumed rape u/s 375(6)IPC;
As per proviso of 54A Cr.P.C. the TIP process in case of mentally or physically disabled victim shall be video graphed and MM shall ensure such steps of TIP that victim is made comfortable.
Insertion of new sections 166A for punishment for public servant disobeying direction under law.
As per S-154 Cr.PC it is mandatory to record the statement in all offences viz. u/s 326A, 326B, 354, 354A to D, 376 A to E and 509 of IPC by a woman police officer or any woman officer of other Govt.Deptt or a woman (any public person).
VASANT VIHAR GANG RAPE

13. Some Changes in Law of rape:
In the offences of 354 A to D and 376 A to E and 509 IPC if Victim is permanently and temporarily physically and mentally disabled the statement shall be recorded at his/her residence or at the place of his/her convenience in the presence of an interpreter /special educator and information shall be videographed and statement u/s 164(5A)(a) Cr.P.C. shall also be got recorded through MM as immediately as possible.
No police officer shall require the attendance of any person acquainted with the facts of the case u/s 160 Cr.P.C under the age of 15 years or above the age of 65 years or woman or a mentally or physically disabled person in police station/office.
As per S-161 Cr.PC the statement of Woman victim of molestation, rape, 509 IPC offences shall be recorded only by Woman police officer or any woman officer during the course of investigation.
VASANT VIHAR GANG RAPE

14. Some Changes in Law of rape:
In all offences related to 354 and 376 the statement of victim shall be recorded u/s 164(5A)(a) as soon as the commission is brought to the notice of police and the statement of disabled recorded under this section by MM shall be considered examination in chief of disabled and he shall be put straight way for cross-examination.
Contrary to earlier law, no sanction u/s 197 Cr.P.C. is required now to prosecute public servant in offences related to 166A, 166B, all sections of 354 and all sections of 376, 509 IPC;
The evidence of woman below 18 years who is subjected to rape or any other sexual offence shall not be recorded in confrontation of accused persons. Curtain or some other methods suitable to the Court may be provided, where the rights of both the Victim and the Accused are protected (273 Cr.P.C.);.
VASANT VIHAR GANG RAPE

15. Some Changes in Law of rape:
Day to day trial shall take place in all sexual offences cases and in rape cases the trial shall be concluded within 2 months after the charge sheet is filed(309 Cr.P.C);
All hospitals govt. or private shall provide first aid free of cost to victims of 326A, 376 and 376A to E and inform the police immediately.
As per new evidence law u/s 53A, 114A,and 146 the evidence related to woman victim’s previous character, quality of consent becomes irrelevant and her statement regarding consent shall be final in the court and questions in the cross examination of the victim as to the general immoral character shall not be permissible.
VASANT VIHAR GANG RAPE

16. Some Changes in Law of rape:
The provision of POCSO shall be in addition to and not in derogation of IPC and any other law in force and in case of any inconsistency, the provisions of this Act shall have overriding effect on the provisions of any such law to the extent of the inconsistency. But if the offender is found guilty of offences related to 166A, 354A to D, 370,370A, 375, 376, 376A to E and 509 IPC, he shall be liable to punishment under POCSO or under IPC in which punishment is greater in degree(S-42 and 42A of POCSO);
The offences related to sexual harassment and rape is no longer gender neutral, only a man can commit the offence on a woman.
VASANT VIHAR GANG RAPE

17. Some Changes in Law of rape:
Any person who fails to report commission of the offence or who fails to record such offence shall be punished with imprisonment upto 6 months(S-21(1) POCSO.
DD entry must be recorded in all POCSO information/report and read over to informant.(S-19(2)).
IO to disclose his name and designation, address and telephone number of himself and his supervisory officer(Rule 4(1) and(2)a.
In case of Child in need of care and protection, the IO shall record the reasons in writing and sent him to Shelter home(S- 19(5).
IO to submit report to CWC and Special Court without unnecessary delay but within 24 hours for all cases of POCSO(S-19(6).
VASANT VIHAR GANG RAPE

18. Some Changes in Law of rape:
However, IO is not required to produce all children before CWC under POCSO, only following categories of children: a) if offence committed by a persons living in the same or shared households with the child; (b) the child is living in a child care institution and is without parental support or (c) the child is found to be without any home and parental support.(Rule 4(3).
Only SI or above rank official has to handle POCSO cases ( S-24(1).
Police officers shall not be in uniform while recording statement of child S-24(2).
Never keep the child at PS during the night for any reason (S-24(4).
An offence under POCSO committed by a child, such child shall be dealt with by JJ Board not by special(Children) Court.
Disclosing identity and infringing privacy of the child and lowering reputation is strictly prohibited(S23(1) and 24(5).
VASANT VIHAR GANG RAPE

19. THANK YOU
VASANT VIHAR GANG RAPE