Mewat Gangrape and Dual Murder: After six months of handing over of the accused alleges they’re
languishing in jail due to slow investigation ‘under the socio-political pressure in communally charged atmosphere’.
PANCHKULA: 15.04.2017: On August 24, a 40-year-old farmer and his wife
were beaten to death and their two nieces gangraped by four armed men, who
barged into the house in Dingerheri, near Kundli-Manesar-Palwal (KMP)
expressway. One of the rape survivors is a minor, while her 22-year-old elder
sister is married. Other family members were locked inside a room by the
accused while they committed the crime. The accused allegedly fled with
valuables including cash, jewellery and a two-wheeler.
Though the police had arrested the four accused
soon after the crime, that happened on August 24, and a special investigation
team (SIT) investigated the matter, the villagers of Dingerheri, both from the
victims' side and that of the accused, demanded a CBI inquiry. Under the hue and cry on 04.10.2016 the Governor of Haryana accorded consent
to hand-over the case to the CBI and the High Court transferred the trial to
the CBI Court Panchkula from the Sessions Court Nuh.
Now, the arrested accused lodged in the Central
Jail Ambala by filing an Application through their Advocate Pardeep Rapria has
alleged that after handing over of the investigation to the CBI ‘the Accused/Petitioners have not been even
investigated/interrogated by the CBI and even otherwise the investigation does
not appear to be progressing.’ The accused
have further alleged that ‘the lax
investigation by the CBI has eclipsed the multiple fundamental rights of the
accused/petitioner including the Right to Speedy Trial, Right to Bail etc.
Despite being innocent in view of the scientific evidence the accused are
languishing in jail.’ Therefore, the accused
have made prayer before the CBI Court to direct the CBI to file status report
in the case and expedite the investigation.
It may be recalled that in their lie-detection test
the accused had denied their role in the crime and the Forensic
Science Laboratory did not find any deception in their replied. Further, Forensic
Science Laboratory report dated 18.11.2016 concludes that ‘the DNA
Drofile of semen stains on the salwar of the complainant/s and a mattress
collected during investigation does not match with the DNA Profile of the
accused persons and conclusively proves that they are not of same biological
origin’ Interestingly, finger prints picked-up from the spot were also
found unfit for comparison.
SH. JAGDEEP SINGH SPECIAL
JUDGE (CBI) has directed the CBI to file reply to the application of the
accused by 28.04.2017 and the Court has also granted permission to the CBI to
interrogate the accused lodged in the Central Jail Ambala.
IN
THE COURT OF SH. JAGDEEP SINGH SPECIAL JUDGE (CBI)
AT PANCHKULA
IN
THE MATTER OF:-
SANDIP
AND OTHERS .........Accused/Petitioners
//VERSUS//
CENTRAL BUREAU OF INVESTIGATION ......Respondents
APPLICATION
FOR DIRECTIONS TO THE CBI TO FILE STATUS REPORT OF THE INVESTIGATION IN FIR No. RC SI 2016 S
0009/CBI/SC-1/NEW DELHI, DATED: 05.12.2016, U/S 459/460/376-D IPC, SECTION – 6
OF PROTECTION OF CHILD FROM SEXUAL OFFENCES ACT & SECTION 25/54/59 OF THE
ARMS ACT, IN TERMS OF THE HON’BLE SUPREME COURT GUIDELINES
IN SHAKIRI VASU Vs. STATE OF U.P. & ORS. AIR 2008 SC 907.
RESPECTFULLY SHOWTH:
1. That the brief
facts of the case are that on the intervening night of 24/25.08.2016 at about
12 hours complainant along with her family members were sleeping in the house
at village Dingheri, District-Nuh, Haryana. In the night; allegedly, 4-5
persons entered into their house armed with danda, saria (iron rod) and country
made fire weaspon. Three of the allegedly committed gang rape on two female members
of the family and caused grievous injury to Ibrahim and Rashidan resulting into
their death.
2. That the aforesaid incident was lodged in the
Police Station Tauru, District – Nuh, Haryana, vide FIR No. 247, Dated
25.08.2016.
3. That 28.08.2016 during the investigation, under the
socio-political pressure in communally charged atmosphere, the local police
falsely arrested the accused/petitioners and since then the accused are in
custody.
It may be relevant and worthwhile to emphasise here
that after the commission of the offence there was lot of communal tension in
the area and the local police was under stern pressure to arrest the accused
persons, which has culminated into the wrong arrest of the accused persons.
4. That the Forensic Science Laboratory, Haryana,
Madhuban, Karnal, vide letter dated: 10.10.2016, had forwarded the Result of
Polygraph (Lie-Detector) Test to the Police. In response to the categorical
questions about their involvement in the alleged occurrence the accused had
answered ‘No’ during the Polygraph (Lie-Detector) Test. The Senior Scientific
Officer (Lie Detection) in report concluded that, ‘Analysis and
evaluation of polygrams do not reveal deceptive responses...According to test
and analysis of polygrams the responses appeared to be truthful at all
issues..’
5. That the Incharge, Finger Print Bureau vide
communiqué dated 25.10.2016 sent a report the police to the effect that, “The
photographs chance prints on photographs marked I, II, III mentioned in Para
III above are either smudged, partial or superiposed and do not bear sufficient
ridge characteristic details. Hence, unfit for comparison”
6. That as per the Forensic Science Laboratory report
dated 18.11.2016 concludes that ‘the DNA Drofile of semen stains on the
salwar of the complainant/s and a mattress collected during investigation does
not match with the DNA Profile of the accused persons and conclusively proves
that they are not of same biological origin’
7. That the Additional
Chief Secretary to Govt. Haryana, Home Department, letter no. 20/8/2016-3HGI ,
Dated: 20.09.2016 suggest that the Superintendent of Police, Nuh had requested
the handing over of the present case to the CBI. The letter further suggests that
the victims of the crime as well as local police at large had demanded fair
investigation, as the victims of the crime vide letter dated 09.09.2016 had
presented a representation before the Superintendent of Police, Nuh stating
therein that they were satisfied with the investigation douncted by SIT of Nuh
and therefore had requested investigation by CBI. Therefore, the Haryana Govt.
Handed-over the investigation of the present case to the CBI.
8. That vide notification
dated 04.10.2016 the Governor of Haryana accorded consent to hand-over the
present case to the CBI.
9. That despite fully knowing that the Haryana Govt.
Had handed over the investigation to the CBI on the request of the local
police, the Haryana Police on 21.11.2016 while ignoring the clear scientific
evidences in the favour of accused filed half-baked charge-sheet against the
accused persons, which does not contain even the prosecutable evidence against
the present accused persons.
It appears that under the socio-political pressure
in communally charged atmosphere; with a view to appease and calm-down the
nerves of the particular religion; the local police with a view to deny the
benefit of the Bail to the accused persons filed the half-baked charge-sheet on
21.11.2016.
10.
That 05.12.2016 the CBI had registered the FIR No. RC SI 2016 S 0009/CBI/SC-1/NEW DELHI. However, even after lapse of more than 4 months of the
registration of FIR the Accused/Petitioners have not been even
investigated/interrogated by the CBI and even otherwise the investigation does
not appear to be progressing.
11.
That the lax investigation by the CBI has eclipsed the multiple
fundamental rights of the accused/petitioner including the Right to Speedy
Trial, Right to Bail etc. Despite being innocent in view of the scientific
evidence the accused are languishing in jail.
12.
That it is very
important and relevant to mention here that SHAKIRI VASU Vs. STATE OF U.P.
& ORS. AIR 2008 SC 907, the Hon’ble Supreme Court
had held as follows:
“In our opinion Section 156(3), Cr.P.C. is wide enough to include
all such powers in a Magistrate which are necessary for ensuring a proper
investigation, and it includes the power to order registration of an F.I.R. and
of ordering a proper investigation, including monitoring the same, if the
Magistrate is satisfied that a proper investigation has not been done, or is
not being done by the police. Section 156(3), Cr.P.C., though briefly worded,
in our opinion, is very wide and it will include all such incidental powers as
are necessary for ensuring a proper investigation,.
“It is well-settled that when a power is given to an authority to
do something it includes such incidental or implied powers which would ensure
the proper doing of that thing. In other words, when any power is expressly
granted by the statute, there is impliedly included in the grant, even without
special mention, every power and every control the denial of which would render
the grant itself ineffective. Thus where an Act confers jurisdiction it
impliedly also grants the power of doing all such acts or employ such means as
are essentially necessary to its execution.”
13.
That this Hon’ble
Court having original jurisdiction, without committal, of the offences involved
in the present case is having all powers of the Chief Judicial Magistrate.
PRAYER
Therefore, in view of the
above, this Hon’ble Court may be pleased to:
(i) Direct the CBI to submit the detailed status
report of the investigation of the FIR No. RC SI 2016 S 0009/CBI/SC-1/NEW DELHI,
DATED: 05.12.2016.
(ii)
Direct the police to expedite the investigation.
(iii)
Pass any other order which may be appropriate in the facts and circumstances of
the present case.
DATED: 15.04.2017 (PARDEEP KUMAR RAPRIA)
PLACE: PANCHKULA ADVOCATE
COUNSEL
FOR ACCUSED:
1.
Sandip S/o Ramniwas
2.
Amarjeet S/o Virender
3.
Karamjeet S/o Brahamjeet
4.
Rahul Verma S/o Sunil Verma
(Signatures
of accused not required as- -All confined in the Central Jail, Ambala)
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