On 12th March (Thursday), a special investigative team (SIT) has been ordered by the Calcutta High Court to re-examine the rape and murder case of a 13-year-old girl. The incident transpired in the Murshidabad district of West Bengal in 2024. The court stated that the current investigation had “serious lacunae (gap)” and noted accusations that the father of the primary accused was a local political figure with influence on the inquiry, reported The Indian Express.
The decision was pronounced by Justice Jay Sengupta. A five-person SIT composed of state police officers, led by senior IPS officer Dr Pranav Kumar, has been asked to carry out additional research and present more reports to the trial court. Additionally, the investigation was termed as incomplete by the court, and questions were asked, especially after concerns were raised regarding the principal perpetrator’s father, a powerful local politician who might have had an impact on the probe.
“Such inchoate and half-hearted investigation goes to the root of the matter and could severely prejudice the cause of justice. It does not at all inspire confidence,” Sengupta chastised. “This court, thus, finds that there were some very serious lacunae in the investigation made thus far and the issues could have been delved into by the investigating agency better and deeper in a case of such gruesome nature, that too with allegations of political clout of the family of the accused,” he expressed.
The court addressed the subject of the accused’s political influence and added that it was the investigating agency’s responsibility in such situations to gather as much information as possible and not overlook any crucial leads or details. “After all, justice must not only be done but must also be seen to be done,” it asserted.
The court identified a number of significant flaws in the investigation after reviewing the case diary and submissions. It highlighted the inability to retrieve the victim’s cell phone which might have important evidence along with failure to pinpoint the exact location of the occurrence and inadequate analysis of tower location data and call detail records (CDR).
The court also revealed that the two phone numbers listed in the chargesheet were not thoroughly examined and shed light on the charge that the main offender was depicted as an underage without the necessary medical confirmation. It further stated that tower dumping technology was unlikely to constantly yield exact location data, but it could provide useful leads for inspections and shouldn’t have been disregarded.
The judge remarked, “Merely because tower dumping technology may not be meter or yard specific… it does not mean that the same need not be taken recourse of.” The court determined that a new inquiry was required to make sure the truth was discovered because of the severity of the accusations and the holes in the investigation.
As a result, it mandated that the state police constitute a five-person SIT which has been instructed to review all pertinent data, leads and provide further reports as soon as possible to the trial court. After receiving the final submission, the trial court is told to reconvene the hearing and, if necessary, amend the charges.
On 22nd January 2024, the petitioner’s 13-year-old daughter disappeared from the Hariharpara neighbourhood at approximately 8 pm. Her family members and neighbours made desperate attempts to find her but failed. A missing case was filed under sections 363 (kidnapping) and 365 (kidnapping or abducting with intent covertly and illegally to confine person) of the Indian Penal Code (IPC) after her mother filed a written complaint at the local police station on 24th January.
Her severely injured and decomposed body was recovered in a field on 27th January. Her cell phone was gone as well. Afterwards, authorities launched a new First Information Report (FIR) under IPC sections 363 (kidnapping), 302 (murder), 34 (common intention) and even added the Protection of Children from Sexual Offences (POCSO) Act. The initial post-mortem at Murshidabad Medical College and Hospital disclosed that it was a homicide caused by strangling.
