Delhi court highlights "missing investigation" in rape case against actor Ashish Kapoor

By Dhiraj Beniwal
New Delhi [India], September 13(ANI): While granting bail to TV actor Ashish Kapoor in an alleged rape case, a Delhi court has expressed its concern over the missing investigation and inaction on the part of the Delhi Police.
The court has made certain observations in a recent order, and the same is sent to the Deputy Commissioner of Police (DCP), expecting him to look into the allegations of the complainant of not registering the FIR promptly.
The court has also pointed out that Ashish Kapoor was not required for investigation for the initial and crucial 20 days after the incident. Thereafter, the police went in search of him in Goa and Pune without giving him a notice.

Additional Sessions Judge (ASJ) Bhupinder Singh said that it is expected that the investigation is carried out in a professional and time-bound manner while protecting the interests of all stakeholders.
ASJ Bhupinder observed, "Concern is that neither the case should suffer just for the reasons that vital evidences are lost due to inaction on the part of the police in the crucial period, nor the interests of the accused persons are compromised for a fair, impartial and prompt investigation."
While dealing with the issue, the court mentioned philosopher Edmund Burke: "The Only thing necessary for the triumph of evil is for good men to do nothing."
The court said in the order passed on September 10 that an "overall analysis of the state of affairs as it stands today, just one thing is missing, which is 'investigations'. However, the other things are quite apparent, that is 'apathy' and 'inaction' on the part of the police."
"There appears to be 'no' to just everything. No to recording of FIR. No to provide its copy, no to call the accused persons for investigation, no in serving notices (that too proper) for appearances, no in carrying out searches and no in verifying the allegations of the complainant being approached by the other side," ASJ observed in the order of September 10.
The court ruled that being the case, onus is put on the Supervisory Officers to see if the functioning of the police officers/personnel who have been handling the case since its inception, in whatever capacity, being IO or otherwise, is in consonance of the laid guidelines/standing orders and as per the practice norms as are required in a case of such a nature with emphasis on the quickness and promptness in actions.
"It is also left to the Supervisory Officers to look into the allegations of the Complainant regarding non-registration of the FIR promptly and making her sit in the Police Station for 18 hours, by holding a fact-finding enquiry or otherwise, as may be deemed appropriate," the court said in the order.
The court also noted that the grievance of the complainant tilted towards the inaction on the part of the police.
It noted that the complainant alleged that she was made to sit in the police station for a good 18 hours before her "request" for registering the FIR was acceded to by the police. She stated that the SHO was not inclined to register the FIR and was asking her to settle the case, and that only after she showed her inclination to go to the media, the FIR was registered.
She also stated that she was approached by two persons, on behalf of the accused persons, to settle the matter, and she brought the same to the notice of the police.
"Further, no efforts are being made to collect the relevant pieces of evidence, including her mobile," the court noted.
The court also considered the allegations of the accused persons, who alleged that their request for a copy of the FIR was not acknowledged, and a copy of the same was not provided to them.
It was also mentioned on their behalf that they were ready and more than willing to join the investigation, but were not called.
Advocates Deepak Sharma, Ravish Dedha, Rajan Oberoi and Sumesh Oberoi appeared for Ashish Kapoor.
"What was required in the case of such a nature was the promptness to unearth the truth. The police sat on the case as if nothing was required to be done. Despite the case having been registered on 11th August 2025, none of the accused persons were called for the purpose of inquiries or joining the investigation," the court noted.
It said that the notice to join the investigation was served upon accused Aashish Kapoor, who is stated to be the main accused, only on August 30, 2025, after three weeks of the incident in question, though a version, not worth believing, that a notice was pasted on 20.08.2025 outside his house has been given. Even if it's true, it's also late.
The court pointed out, "Accused Aashish was not required for investigation for initial and crucial days after the incident in question, but was required 'forthwith' on the 20th day, so much so that the police team had gone in his search to Goa/Pune even before he was served the notice seeking appearance."
The court further questioned the manner of investigation, "And for what he was required? Only for getting his potency test conducted," it noted.
"Police did not even bother to take him to his place of 'hiding' at Goa/Pune for the purpose of tracing the mobile phone of the Complainant, which was one of the main grounds for taking his PC remand, the court pointed out.
The court noted that there was nothing in the reply as to whether the place of the alleged incident, i.e the washroom, was ever subjected to inspection.
"There is no mention of any crime team visiting the spot for searching or lifting evidence that may ordinarily be found. No effective efforts have been shown to have been made to trace the mobile phone of the complainant, which, as per the allegations, contains the video of the alleged act. Houses of neither of the accused persons have been subjected to searches as per law, for tracing the mobile phone," the court said. (ANI)