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Bhartesh Singh Thakur
Tribune News Service
Chandigarh, July 19
Sandeep, a resident of Raipur Rani in Panchkula, was framed along with five others under Sections 399 and 402 of the IPC for making preparation to commit a dacoity in 2015 and had to face a trial for one year.
The police had claimed that they had overheard them planning the dacoity, which a Panchkula court declared "was not possible" as the accused were sitting in a dargah room. All got acquitted.
"We all didn't even know each other. We were picked up from different places," Sandeep said, who is a construction labourer.
Most of the FIRs filed under Section 399 and 402 for "making preparation for dacoity" across Haryana usually show the same pattern: police personnel overhearing the accused's dacoity plan. The trial courts have also consistently declared that the "overhearing of dacoity plan" was "unbelievable".
An RTI response in Ambala reveals that four cases were decided between 2016 and 2019, and all 23 accused were acquitted. In all cases, the police acted on "secret information" about the accused planning to commit dacoity. And, strangely, in three of the four cases, their timing was so perfect that when they reached the spot where the plot was being hatched they overheard the accused assigning duties for the dacoity. Notably, the accused were armed in all cases, but they didn't resist the arrest.
In similar occurrences (of the police overhearing the dacoity plan) in Fatehabad, two cases ended in acquittal of 11 accused from 2016 to 2019. In Rewari from 2016 to 2019, 10 cases involving 44 accused ended in acquittals.
Same reason for acquittals
On the police overhearing the dacoity plan, a trial court in Ambala in a judgment of July 19, 2016, commented: "It was not possible that the accused kept on talking about the same incident since the time the informant heard them and till the time police officials came to the spot."
A Fatehabad court also gave the same reason in its judgment dated March 30, 2017: "hellip;ASI Charan Singh stated that they went to the disclosed place after 20 minutes of receiving the information and it is highly improbable that even at that time the accused were planning to loot the passengers."
Former ADGP Haryana Police Rajbir Deswal said, "Under this Section, the common practice with the police is to fix incorrigible people for crime prevention."
in most cases, cops 'overhear the plot'
Most FIRs under Sections 399 and 402, IPC, (plotting dacoity) across Haryana usually show the same pattern: cops overhearing the dacoity plan of the accused.
Verdicts term police claims 'unbelievable'
Most trial courts have consistently declared that the "overhearing of dacoity plan was unbelievable".
Comprise fraction of total dacoities: DGP
"The cases under Sections 399 and 402 have come down from 28 in 2018 to 16 in 2019. These are not even one-tenth of the dacoity cases. The acquittals are high as these incidents take place in the night and it is difficult to have independent witnesses," says Haryana DGP Manoj Yadava
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