Alleged rape, murder of deaf & dumb girl
JAMMU, Apr 28: In an alleged murder and rape of deaf and dumb girl, State High Court has directed the Director General of Police to suggest the names of three officers of the rank of Inspector, two each of SSP and DIG so that Special Investigation Team is constituted to handle the investigation properly, which is imperative to ensure that law takes its course in bringing the culprit to book.
The DGP was also directed to file affidavit within two weeks indicating the action proposed against all those who have been adversely reported to by the SSP Crime Branch and were responsible for loss of vital evidence because of their remissness in the discharge of their official duties.
The significant order has been passed in a petition filed by father of the deceased girl whose dead body was recovered from dry well on June 13, 2009. The cause of her death was indicated as poisoning by Aluminium Phosphide and her post-mortem examination revealed that she was carrying foetus of 14-16 weeks at the time of her death.
Though Ramgarh Police initiated inquest proceedings under Section 174 CrPC into the case yet father of the deceased was not satisfied with the police investigation and accordingly he approached the Chief Minister seeking proper investigation so that those responsible for the rape and murder of his deaf and dumb daughter were arrested and proceeded against under law.
Later, on the basis of the findings recorded in proceedings under Section 174 CrPC, FIR was registered at Ramgarh Police Station on January 6, 2010 under Section 302/376 RPC.
In the meantime, father of the deceased approached High Court seeking constitution of a Special Investigation Team for investigation in to the case. During the course of proceedings in the petition, SSP Crime Branch filed status report, which stated that local police had conducted proceedings under Section 174 CrPC in a most casual and unprofessional manner and because of the negligence of the police, important available evidence was stated to have been lost.
After hearing Advocate Shah Mohd Choudhary for the petitioner whereas Additional Advocate General Gagan Basotra for the State, Justice J P Singh observed, “the statement of facts filed by the Crime Branch and the manner in which proceedings under Section 174 CrPC were conducted by the local police, paint a dismal picture on the functioning of the Police Department”.
“Rather than taking requisite steps to see that effective investigation was carried out to find as to who was responsible for rape and death of the petitioner’s daughter, the State Police appears to have lost interest in devising the needed methodology to bring out facts”, the High Court said, adding “facts and circumstances of the case justify constitution of a Special Investigation Team comprising of persons who are expert in the field of investigation”.
“In view of the conclusion reached at by the SSP Crime Branch that the local police and the functionaries of the hospital had been negligent in conducting investigation and preserving the vitals of the deceased for expert opinion, requisite action is warranted against all those who have been remiss and negligent in the performance of their official duty”, the Court said.
With these observations and strictures against the Police, Justice J P Singh directed DGP to constitute SIT headed by officer of the rank of DIG so that law takes its course in bringing the culprit to book.