Calcutta High Court Orders SIT Probe Into 13-Year-Old Girl's Kidnap, Rape & Murder Case, Cites Serious Lapses In Police Investigation

The Calcutta High Court directed a fresh probe by a Special Investigation Team (SIT) into the alleged kidnapping, rape and murder of a 13-year-old girl in Murshidabad, observing that the investigation conducted so far suffered from serious lacunae and failed to inspire confidence.

A Single Bench of Justice Jay Sengupta was hearing a revision petition filed by the victim's mother seeking further investigation or reinvestigation in a case registered under Sections 363, 302, 34 IPC and Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012.

According to the petitioner, her 13-year-old daughter went missing on January 22, 2024 and her decomposed body was discovered in a field a few days later. The mother alleged that the police investigation was compromised and incomplete. She claimed that the victim's mobile phone had not been recovered, the exact place of occurrence had not been identified, and call detail records and tower locations were not properly analysed. She further alleged that the police shielded politically influential persons, including the father of the main accused and a local MLA, whom she had named in her statement before the Magistrate.

The State, however, contended that the investigation had been conducted properly and that charge sheets and supplementary charge sheets had already been filed after collecting call records and other evidence.

After examining the case diary and the materials on record, the High Court found that the investigation indeed suffered from significant gaps. The Court noted that important leads, including the missing phone of the victim and certain phone numbers referred to during the investigation, were not properly pursued.

The Court observed:

“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.”

The Court also remarked that in a case involving allegations of political influence, it was particularly important for the investigating agency to explore every possible lead to maintain public confidence in the justice system. The Court emphasised:

“After all, justice must not only be done, but must also be seen to be done.”

While noting that courts can order further investigation even after the commencement of trial if circumstances so demand, the Court held that the deficiencies in the present case warranted such intervention.

Accordingly, the Court directed the constitution of a five-member SIT from the State Police, headed by senior IPS officer Dr. Pranav Kumar, to conduct further investigation and submit a report before the trial court. The trial court was directed to resume proceedings after receiving the SIT's report and completing the necessary procedural formalities.

Case No: CRR 3291 of 2024

Case: XXX Vs. The State of West Bengal & Ors.

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