https://timesofindia.indiatimes.com/city/chandigarh/dingerheri-case-cbi-court-seeks-forensic-reports/articleshow/61730724.cms
In a major relief to the four accused involved in the infamous gang rape, murder and robbery case of Dingerheri in Mewat, the Special Judge (CBI) Jagdeep Singh, on Monday directed the CBI to produce the relevant record relating to investigation, including the lab reports of the scientific tests conducted on the accused persons. The directions came in response to the application of the accused, who are behind bars since more than one year, seeking their discharge on the ground that the others four accused had been arrested by Gurgaon Police and then taken into custody by CBI.
Accused Sandeep, Amarjeet, Karamjeet and Rahul Verma, all
residents of Mohammadpur Ahir village in Mewat, have now sought directions to
discharge "in view of arrest of real accused and deficit evidence against
them". Pardeep Rapria, Advocate for the accused in the discharge
application stated that the confessional statements of the newly arrested
accused were sent to CBI, which on October 30, had taken them into its custody.
During CBI Investigation, the accused took the agency team to the scene of crime
and identified the house and the spot where they had committed the rapes and
murders, the applicants have stated. He has also stated in the
application that, ‘CBI had
interrogated the Petitioners/Accused between 18.04.2017 to 21.04.2017 and even
the requisite scientific examination/tests of the accused were also conducted. …the
result of scientific test would clearly prove the innocence of the accused.’
"Present case would shock the conscience of all
law-abiding persons to see how the innocent citizens are made scapegoat and
forced to languish in jail to pacify the sentiments of a particular religion
under political compulsions. Not only the right to life, but all fundamental
rights of the innocent citizens envisaged are butchered," said the counsel
for petitioner.
CBI has
been directed to file reply and produce the relevant record on 4th
December, 2017 for perusal of the Court. If the scientific tests conducted by
the CBI goes in the favour of earlier arrested accused persons, it would
fortify the innocence of the accused, as neither the polygraph nor the DNA examination of these four accused
conducted by the SIT of Haryana Police; had found any role of these four
"who were wrongly picked up and framed by the Haryana Police under
pressure". However, despite all this Haryana Police had submitted
challan against the accused; who now claim innocence.
Earlier Reporting by Times of India:
https://timesofindia.indiatimes.com/city/chandigarh/dingerheri-rape-murder-case-4-accused-seek-discharge-after-fresh-arrests/articleshow/61679614.cms
https://timesofindia.indiatimes.com/city/chandigarh/dingerheri-rape-murder-case-4-accused-seek-discharge-after-fresh-arrests/articleshow/61679614.cms
SEE APPLICATION FILED BY ADVOCATE PARDEEP RAPRIA
IN THE COURT OF SH. JAGDEEP SINGH SPECIAL JUDGE (CBI) AT PANCHKULA
Misc. Application No.___________
IN THE MATTER OF:-
1. SANDIP SON OF RAM NIWAS
2. AMARJEET SON OF VIRENDER
3. KARAMJEET SON BRAHAMJEET
4. RAHUL VERMA SON OF SUNIL VERMA
All residents of village Mohamadpur Ahir, Nandu Ki Dhani, P.S. Tauru, District-Nuh (Haryana)
(Confined in Central Jail Ambala) ....Accused
//VERSUS//
CENTRAL BUREAU OF INVESTIGATION ........Respondent
Application under Section 159 read with Section-239 Cr.P.C., for discharge of accused (1) Sandip S/o Ramniwas (2) Amarjeet S/o Virender (3) Karamjeet S/o Brahamjeet (4) Rahul Verma S/o Sunil Verma, in FIR No. RC SI 2016 S 0009/CBI/SC-1/NEW DELHI, Dated: 05.12.2016, u/s 302, 325, 326, 459, 460, 376-D, 396, 397 IPC and Section – 6 Of Protection of Child From Sexual Offences Act & Section 25, 54, 59 of the Arms Act, in view of the arrest of real accused and deficit evidence against the Applicant/accused.
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 persons entered into their house and 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. Subsequently, the State Govt. handed over the investigation to the CBI and on 05.12.2016 the CBI had registered the FIR No. RC SI 2016 S 0009/CBI/SC-1/NEW DELHI.
3. That present case would shock the conscience of all law abiding persons to see how the innocent citizens are made scapegoat and forced to languish in Jail to pacify the sentiments of a particular religion; under political compulsions. And, in this way, not only the ‘Right to Life’ but all Fundamental Rights of the innocent citizens envisaged are butchered.
4.Soon after the incident the aforesaid incident took the shape of communal colour, the reason of tension between Hindus and Muslims and the District Nuh of Haryana appeared on National issue and the central stage of political wrestling among all political parties. Such a scene was created that if, anyhow, the accused are not arrested either the present Govt. will lose credibility or there will be communal riots. Even before the Test Identification Prade the names and photographs of Petitioner/accused were displayed by the national print as well as electronic media including NDTV, Times Now, Indian Express, India Today etc.
5. That on 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.
6. 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..’
7. 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”
8. 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’
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 there is not even prima-facie prosecutable evidence against the Petitioners/Accused in the present case. ABOVE ALL, in the Final Report submitted by the Police there is not even a distant evidence to connect the Petitioners/accused with the offences involved in the present case.
11. That the CBI had interrogated the Petitioners/Accused between 18.04.2017 to 21.04.2017 and even the requisite scientific examination/tests of the accused were also conducted. As per the best information of the accused the result of scientific test clearly proves the innocence of the accused.
12. That the latest change of circumstances is that the Gurgaon Police arrested four persons for their alleged involvement involved in almost 150 crimes, including rape, murder and dacoity in Delhi-NCR and neighbouring and during investigation these accused persons admitted to their involvement in the commission of the offences involved in present case and discovered evidences against the freshly arrested accused persons.
13. That the Gurgaon police forwarded the confession statements of the accused and relevant evidence to the CBI and on the basis of such statements and evidences on 30th October the CBI obtained the remand of the aforesaid fresh accused and interrogated them. During interrogation the accused have admitted their involvement in the commission of offences involved in the present case and during CBI Investigation the accused took the investigation agency team to the scene of crime and identified the house and the spot where they had committed the rapes and murders.
14. That on 6th November, 2017 the CBI sent the freshly arrested accused to the judicial custody in the Ambala Central Jail. And, at present, there are total 8 persons have been arrayed as an accused. Whereas, as per the FIR only 4 accused persons were involved in the commission of offences.
15. That by and large the undisputed position in the present case is:
(i) So far, the CBI has failed to find any evidence to substantiate the involvement of accused/applicant in the commission of the offences in question.
(ii) As per the labs reports/scientific investigation the Applicant/Accused have not been found involved in the commission of offences.
(iii) No weapon used in the commission of offences has been recovered from the Accused/Applicants.
(iv) No looted article has been recovered from the accused.
(v) The fresh accused four accused have been arrested and sent to judicial custody for the commission of the offences, in which the Applicant/accused have been arrested.
16. That this Hon’ble Court has original jurisdiction, without committal, vested with all the powers of the Chief Judicial Magistrate.
-PRAYER-
Therefore, in view of the above, this Hon’ble Court may be pleased to:
(i) Discharge the accused/applicant. And/or
(ii) Call for the lab report of the scientific tests conducted on accused persons between 18.04.2017 to 21.04.2017, which will clearly establish the innocence of the accused/applicants.
(iii) Call for the lab report of the scientific tests conducted on the freshly arrested accused between 30.10.2017 to 06.11.2017, which will clearly establish the innocence of the accused/applicants.
(iv) Conduct enquiry in term of Section 159 Cr.P.C. and in the interest of justice this Hon’ble Court may send for the Police Diaries including of the CBI, in aid to such enquiry to reaching at a logical conclusion, in terms of the Section 172(2) Cr.P.C.
(v) Pass any other order which may be appropriate in the facts and circumstances of the present case.
DATED: 16.11.2017 (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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