Bombay High Court
Abc vs The State Of Maharashtra on 15 January, 2024
Author: Mangesh S. Patil
Bench: Mangesh S. Patil
67 CRWP 1662 OF
2023.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
67 CRIMINAL WRIT PETITION NO. 1662 OF 2023
ABC
VERSUS
THE STATE OF MAHARASHTRA
...
Advocate for the Petitioner : Mr. Savale Amit S
APP for Respondents: Mr. V. K. Kotecha
CORAM : MANGESH S. PATIL &
SHAILESH P. BRAHME, JJ.
DATE : 15.01.2024 PER COURT :
After having extensively heard both the sides, we are embolden to state several things reflecting on the quality of the investigation undertaken. We propose to deal with that at an appropriate stage.
2. By the order dated 17.12.2023 it was specifically directed that the investigating officer shall remain personally present along with re-postmortem examination report and other papers of investigation which do not form part of the charge-sheet. It appears that on 21.12.2023 re- postmortem examination report was placed on record. An histopathological report was thereafter directed to be produced. On 08.01.2024 a copy of the re-postmortem examination report together with the histopathological report was placed on record along with final cause of death certificate. However, statements of the witnesses recorded under Section 164 of the Code of Criminal Procedure were also directed to be produced. It was expressly directed that since the deceased had left behind a video clip alleging about commission of rape, to inform us about the date of recording of the clip.
1/367 CRWP 1662 OF 2023.odt
3. The investigating officer is present. The learned A.P.P., on his instructions, merely informs us that the deceased's mobile wherein the video clip of her was recorded has been sent for forensic analysis and the investigating officer is unable to tell the date of recording of that video clip.
4. The statements of witnesses recorded under Section 164 of the Code of Criminal Procedure are also placed on record. However, as was directed, all the papers of investigation even which do not form part of the charge- sheet were directed to be produced, however, the investigating officer seems to have come empty handed.
5. He shall comply with the order and bring all the papers of investigation including the ones which do not form part of the charge-sheet.
6. Statements of paternal uncle of the deceased namely Bhima Jotnya Vasave were apparently recorded on four occasions. We are not sure as to what had prompted the investigating officer to record the statements of the same individual these number of times. At least the statement dated 20.07.2023 gives some additional information. However, the statements recorded on 19.08.2023, 21.08.2023 and 04.05.2023 (sic 04.09.2023) prima faice are similar except that in the statement dated 04.09.2023 he has named several individuals whom he had seen the previous night along with the persons who have been arrayed as accused in the charge-sheet. It is not clear as to what kind of investigation was conducted against these additional individuals named by this witness.
7. Let the investigating officer comply with the aforementioned directions and place on record not only the entire charge-sheet but even the documents which form the part of the investigation, even if those are not part of the charge-sheet.
8. The learned A.P.P., on instructions from investigating officer submits that the investigating officer would collect the reports of the forensic 2/3 67 CRWP 1662 OF 2023.odt analysis within two weeks.
9. The Forensic Science Laboratory shall endeavour to undertake the scrutiny/investigation and file the report by the next date.
10. S.O. to 31.01.2024.
( SHAILESH P. BRAHME, J.) (MANGESH S. PATIL, J.) mkd/-
Signed by: Mukesh K Deshmukh Designation: PA To Honourable Judge Date: 16/01/2024 12:32:40 3/3