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Postmortem Of Minor Girl Residing With Parents In Police Quarters Reveals She Was Sexually Abused, Kerala High Court Orders CBI Probe
Tellmy Jolly
21 Feb 2024 12:18 PM GMT
The Kerala High Court has asked the Central Bureau of Investigation to probe a case of alleged sexual abuse of a minor girl which came to light after she passed away under suspicious circumstances. The girl was residing with her parents in Police quarters and the Court was of the opinion that involvement of Police cannot be completely ruled out."Investigation team has failed to probe...
The Kerala High Court has asked the Central Bureau of Investigation to probe a case of alleged sexual abuse of a minor girl which came to light after she passed away under suspicious circumstances. The girl was residing with her parents in Police quarters and the Court was of the opinion that involvement of Police cannot be completely ruled out.
"Investigation team has failed to probe deeper. Since the victim was residing inside the police quarters and various policemen used to visit their houses, the involvement of policemen also cannot be completely eschewed. In such circumstances, this Court is of the view that this is a fit case where the investigation should be entrusted to the CBI," Justice Bechu Kurian Thomas observed.
The minor was found lying unconscious in the bathroom of her house in the police quarters on March 29, 2023. While undergoing treatment, she died on May 1, 2023. The FIR No. 344/2023 was registered at the Museum Police Station, Thiruvananthapuram under Section 174 CrPC. Upon post-mortem, it was found that death was due to intracranial haemorrhage. However, it also revealed that the victim was subjected to continuous sexual abuse through vaginal and anal penetrations.
Based on the post-mortem report, another Crime No.377 of 2023 was registered at the Museum Police Station, Thiruvananthapuram under Sections 376DA (punishment for gang rape on woman under sixteen years of age), 376E (punishment for repeat offenders) and 377 (unnatural offences) of the IPC and POCSO Act. Considering the heinous nature of the offences, the investigation was carried out later on by the District Crime Branch.
The girl's mother had approached the Court seeking a CBI investigation. She alleged that so far no positive breakthrough has been made and that the investigation could not identify the accused even though many persons were present in the zone of suspicion. She alleged that the involvement of police officers could not be completely ruled out since the child was found lying unconscious in the bathroom of her house in the police quarters of her parents. It was alleged that the investigating team did not question the victim's friends properly since their parents objected. Thus, the mother sought a CBI investigation since there could be involvement of police officials also.
The Court found that the autopsy report revealed sexual abuse on the minor victim. It noted that even though the investigation has been going on for the past ten months, no breakthrough has been made by the investigating team. It thus said that the investigation has to be termed as ineffective and inadequate.
The Court thus found that investigation of Crime No.377 of 2023 has to be transferred to CBI to render justice and instil confidence in the deceased victim and her family by relying upon the Apex Court decision in Vishal Tiwari v Union of India (2024).
Accordingly, the writ petition was allowed.
Counsel for Petitioner: Advocates R Sreehari, Hamza A V, Vignesh S
Counsel for the Respondents: Public Prosecutor M C Ashi, Senior Counsel Dr K P Satheeshan assisted by Advocate Sudhin Kumar K appeared for CBI.
Citation: 2024 LiveLaw (Ker) 129
Case title: XXX v State of Kerala
Case number: WP(CRL.) NO. 1222 OF 2023
