Calcutta High Court Directs Post-Mortem At AIIMS Hospital For Child Rape Victim, Orders Inclusion Of POCSO Charges

The Calcutta High Court has ordered an autopsy of a nine-year-old child rape-murder victim to take place at AIIMS Hospital, in Kalyani, West Bengal. The child was allegedly raped and murdered in Bengal's Jayanagar area.A single bench of Justice Tirthankar Ghosh also directed that charges under the Protection of Children Against Sexual Offences (POCSO) Act, be added against the accused.The State of West Bengal has approached the High Court with an application under Section 482 read with Section 401 of the Code of Criminal Procedure, 1973/ Section 528 read with Section 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The state challenged the order dated 5th October 2024 passed by the A.C.J.M., Baruipur in connection with Joynagar Police Station case no. 793 of 2024 dated 5th October, 2024, relating to the rape and murder of the nine-year-old girl.The investigating agency prayed before the ACJM Baruipur, South-24-Parganas for conducting the post-mortem examination in the presence of a Judicial Magistrate at Mominpur Police Morgue Hospital on 6th October 2024 which was turned down by the Magistrate by order dated 5th October, 2024.It was stated that there was a prayer by the father of the deceased who requested that necessary arrangements be made for a post-mortem examination by a hospital supervised and controlled by the Central Government.Advocate General submitted that the State has the infrastructure, but the prayer of the father for conducting the post-mortem at a Central Government Hospital has been accepted by the State.Court accordingly considered directing AIIMS Kalyani Hospital to conduct the post-mortem of the deceased. During the course of the hearing, however, it was seen that although there were sexual offences committed against a minor, charges under the POCSO Act had not been levelled.This Court, prima facie, is of the opinion, that at the initial stage of investigation prior to the post mortem examination having been conducted, the inquest report suggest acts of sexual offences being committed upon the person of the deceased, so appropriate provisions of law under relevant statutes should have been incorporated by the investigating agency. Accordingly, this Court directs that henceforth the accused be produced before the Special Court under the POCSO Act, Baruipur for further directions to be obtained in course of investigation, it held.Accordingly, the court passed a spate of directions for conducting the post-mortem of the deceased at AIIMS Kalyani.Case: The State of West Bengal -vs- Union of India & Anr.Case No: CRR No.4515 of 2024Click here to read order

Calcutta High Court Directs Post-Mortem At AIIMS Hospital For Child Rape Victim, Orders Inclusion Of POCSO Charges

Srinjoy Das

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