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Himachal Pradesh High Court · body

2017 DIGILAW 1021 (HP)

Court on its own motion v. State of H. P.

2017-09-05

AJAY MOHAN GOEL, SANJAY KAROL

body2017
JUDGMENT : Sanjay Karol, J. On the basis of news reports, dated 1.5.2017, 15.7.2017 and 16.7.2017, all published in Punjab Kesari, to the effect that a girl child, aged 8 years, was raped and then murdered in District Kullu, Himachal Pradesh, this Court took suo moto cognizance and issued notice to the State. Also, an Amicus was appointed to assist the Court. 2. Since 25.7.2017, this Court has been monitoring the status of investigation. Learned Amicus points out that the investigation carried out, thus far, is fair, in accordance with law and in the right direction. 3. Status report filed on 27.7.2017 reveals that on 30.4.2017, at about 8.24 a.m., a telephonic call was received at Police Station, Bhuntar, that one girl is lying in an unconscious condition on the banks of river Beas near Trehan Chowk, Bhuntar. Immediately, HC Mukesh Kumar and lady Constable Lata Devi rushed to the spot. The girl was shifted to Regional Hospital, Kullu. She was identified by her father Prakash Chand, from whose statement, so recorded under the provisions of Section 154 of the Code of Criminal Procedure, it was revealed that the family originally hailed from village Mohabhoj, P.O. Kathoura, Tehsil Musafirkhana, District Amethi, U.P., and was temporarily residing in a slum near Bhootnath Temple, Bhuntar, District Kullu. Girl was a minor, aged between 8 and 10 years. According to the father, on 29.4.2017, at about 4 p.m., she had left the place where they were residing and when she did not return till 7 p.m., they started searching for her. On 30.4.2017, he learnt from a boy about the girl being shifted to the Regional Hospital, Kullu. 4. According to the father, his minor daughter had been kidnapped, raped and murdered. Accordingly, FIR No.50/17, dated 30.4.2017, for offences under Sections 363, 366A, 376, 302 of the Indian Penal Code and Sections 4 & 6 of the POCSO Act, was registered at Police Station, Bhuntar. 5. Postmortem of the dead body of the victim was conducted on 30.4.2017 itself. As per the opinion of the Experts, the girl, who was subjected to sexual assault, had died on account of ante-mortem traumatic brain injuries secondary to chop wound inflicted to scalp and face region by a moderately heavy sharp pointed weapon. 6. 5. Postmortem of the dead body of the victim was conducted on 30.4.2017 itself. As per the opinion of the Experts, the girl, who was subjected to sexual assault, had died on account of ante-mortem traumatic brain injuries secondary to chop wound inflicted to scalp and face region by a moderately heavy sharp pointed weapon. 6. On 1.5.2017, police collected footage from the CCTV Camera, so installed on a private house on the road which led to the spot where the dead body of the victim was found. The same was analyzed and it appeared that the victim was seen with a boy wearing black Kurta Pyjama and another girl aged 10-12 years. From the body language, it appeared that they were familiar with each other. 7. On 3.5.2017, family members and relatives of the victim were called to the Police Station for joining investigation. However, there was total non-cooperation and about 100-150 men and women raised slogans against the police. 8. On the basis of suspicion, efforts were made to search the boy. In fact, during the course of investigation, opinion of the experts in Michigan (USA) was also obtained, in order to make the image of the suspected person identifiable. 9. In the very same affidavit, police made a grievance that the family members of the victim were not cooperating. 10. The Court did not allow the matter to rest here and directed the police to file fresh status report. 11. Fresh affidavit, dated 10.8.2017, stands filed by the Superintendent of Police, disclosing formation of two teams for searching the suspects. 12. Today (5.9.2017), Mr. Anoop Rattan, learned Additional Advocate General, submits that in the instant case, the boy, suspected to have committed the crime, stands apprehended and sent to judicial custody. Also, investigation is nearing completion, inasmuch as only report from the Forensic Science Laboratory is awaited, and challan is likely to be presented in the Court. 13. In this view of the matter, we are of the considered view that State has already taken appropriate action. It cannot be said that the investigation is misdirected or that the police has not acted with promptitude. To us, investigation appears to be fair. 14. As such, we close these proceedings with a direction to the Investigating Officer to complete the investigation, as also present the challan in the Court, at the earliest. 15. It cannot be said that the investigation is misdirected or that the police has not acted with promptitude. To us, investigation appears to be fair. 14. As such, we close these proceedings with a direction to the Investigating Officer to complete the investigation, as also present the challan in the Court, at the earliest. 15. Needless to add, assistance rendered by Mr. Rajnish Maniktala, learned Amicus, has been immense and is highly appreciable. In view of the above, present petition stands disposed of. Pending applications, if any, also stand disposed of.