Ignoring MLC, cop broke law

A senior police official said a medico-legal case constitutes information of an offence having been committed. The station house officer should register a case based on the MLC, he said.

The Supreme Court has said that it would be a “spectacular error” to adopt “any kind of liberal approach” in sexual assault cases.

The medico-legal case registered at Gandhi Hospital showed that the girl was a minor and was pregnant. Whether it was due to sexual assault or a mutual relation should be investigated, the officer said.

“Refusing to register a case without a complaint is a violation of the law,” he said.

A legal expert said that irrespective of whether a complaint was lodged or not, the police should register a case as the victim was a minor.

“They can take a complaint from any person in the manner they do in the case of death of an unidentified person. The police can take up the case itself as it is a grave and cognizable offence,” said senior advocate G. Jitender Reddy.

The Supreme Court in July 2015 had held that in a case of rape or attempt to rape, the conception of compromise could not be thought of under any circumstance.

The court was hearing an appeal filed by the MP government against a rape accused, The High Court had set aside the punishment provided by the trial court, and restricted the sentence to the period undergone. The Supreme Court said the High Court had not perused all the evidence and overturned its order.