Kolkata, Sep 27 (PTI) The Calcutta High Court on Friday ordered transfer of investigation into the alleged rape of the wife of a civil servant posted outside West Bengal to a deputy commissioner level official, while cancelling the bail granted by a lower court to the accused.

The court also directed the Kolkata Police commissioner to take disciplinary action against some police officials for alleged dereliction of duty in proceeding with the investigation.

The alleged victim submitted that though she was raped twice within seven hours at her residence, a milder charge of outraging of modesty was instituted against the accused and a lower court granted him bail the very next day following his arrest.

Justice Rajarshi Bharadwaj, passing judgment on the petition by the woman, directed transfer of the case to the deputy commissioner of women police at the Kolkata Police headquarters, who will act as the investigation officer hereafter.

He directed the present investigation officer to hand over all documents and case diary to the deputy commissioner within three days.

The petitioner, who works in a managerial capacity in a private firm, alleged that the accused first raped her at 11:30 pm on July 14, and again at 6:30 am the next day at her residence here.

Justice Bharadwaj cancelled the bail granted to the accused by the additional chief judicial magistrate on July 16 as well as the anticipatory bail granted by the sessions judge, Alipore, on September 10.

It was stated in the petition that on July 15, the petitioner filed an FIR with the Lake police station and on the same day, she was subjected to coercion and intimidation by the son and wife of the accused, who were allegedly brought to the police station by police officers to pressure her into withdrawing her complaint.

The high court said that despite these serious accusations, no scrutiny/investigation has been made of the CCTV footage from the Lake police station from 4 pm to 8 pm on that day, despite the petitioner's request.

It was also claimed that she had got a medical examination done at a government facility as the police had not done it.

The state's counsel, on the other hand, claimed that instead of submitting a formal written complaint, she used her friend’s mobile phone to send a WhatsApp message, which was received by the on-duty officer at Lake police station.

He submitted that the complainant was subsequently asked to narrate the incident to a lady official and her oral statement was video-recorded.

Upon identifying inconsistencies between the WhatsApp message and the oral statement, the complainant was instructed to file a written complaint duly signed by her, the state's lawyer stated before the court. PTI AMR NN

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