Question by Raju Kane : Here is a query I have for all my legally more aware/trained friends. Can the police take suo moto cognizance of the Tarun Tejpal episode even if the survivor doesnt come forward to lodge an FIR? After all a statement from her (in terms of her leaked email to Shoma) is already in public domain. I am of course assuming that the email is authentic, which at this point I have on reason to doubt. Second question -- by not forwarding the mail to the cops, are Shoma and Tehelka as a corporate entity actually liable for an obstruction of justice charge or something equivalent? Answer from Legal Expert: To ans this question... Lets first understand that it is the duty of the state to try and convict the offenders in a criminal justice system. In ans to ur first question police cannot take suo moto cognizance in this case until victim herself cone forward to logde an FIR coz for rape...it is a type of private wrong which needs resistance from the victim. Suppose if the victim had consented for the act then it would not be rape or attempt to rape (as in this case it is alleged). Further her mail cannot be treated as an FIR because it is not a complaint made to police. To ans ur second question... Yes both of them are guilty of offence of not assisting a police officer contained u/s 39 of CrPC and punishable u/s 202 of IPC coz this is a cognizable crime and every individual is bound to inform police whoever is aware of it.
Posted on: Thu, 21 Nov 2013 18:24:35 +0000
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