Document Fragment View

Matching Fragments

on the directions issued by Division Bench of this Court in CWPIL No. 88 of 2017. Division Bench of this Court, while transferring investigation in FIR No. 97 of 2017 under Sections 302 and 376 IPC and Section 4 of Protection of Children from Sexual Offences Act (hereinafter, 'POCSO Act'), also directed CBI to conduct investigation in FIR No. 101 of 2017 registered at Police Station, Kotkhai, District Shimla, Himachal Pradesh, relating to custodial death of one of the accused namely Suraj Singh arrested by police in connection with FIR No. 97 of 2017, relating to rape and murder of a minor girl in Halaila forests in District Shimla on 4.7.2017. The minor girl (given name of 'Gudiya') after having attended her school at Government Senior Secondary School, Mahasu, left for her home at about 4.30 pm. Unfortunately, on the way to her home, she was allegedly raped and murdered by some unknown persons. Her body was found lying in Halaila forests near Mahasu at around 7.40 am on 6.7.2017. FIR No. 97 of 2017 came to be registered under Sections 302 and 376 IPC and Section 4 of POCSO Act at Police Station Kotkhai, District Shimla, Himachal Pradesh, against unknown persons. Since there was huge public outcry against aforesaid brutal act committed by unknown persons, and accused could not be arrested even after four days of the alleged incident, Director-General of Police, Himachal Pradesh vide letter dated 10.7.2017 constituted a Special Investigation Team .

injuries intentionally on the person of Suraj in the police custody continuously from 13.7.2017 till his death in the intervening night of 18th and 19th July 2017, which injuries were sufficient in the ordinary course of nature to cause his death. On 13.7.2017, bail petitioner left Police Station Kotkhai and participated in a press conference held by Director-General of Police, Himachal Pradesh at Shimla. In the press conference, Director-General of Police claimed that the police had solved the case and arrested five accused in connection with the case relating to rape and murder of the minor girl on 4.7.2017. Since public at large was not satisfied and convinced with the story put forth by the police in the press conference held on 13.7.2017, Director-General of Police, Himachal Pradesh sent a communication to the Secretary (Home) to the Government of Himachal Pradesh to get the matter investigated from CBI. On 14.7.2017, Secretary (Home) to the Government of Himachal Pradesh sent a communication to the Secretary Personnel to the Government of India, requesting therein to issue direction to CBI to take over the investigation of the case relating to rape and murder of minor girl on 4.7.2017.

14. Learned counsel representing CBI further contended that the investigation in another case of rape and murder is still underway and in view of repeated attempts having been made by bail petitioner and other members of SIT to falsely implicate five accused in rape and murder case, CBI has already sought permission from Special Judge (CBI) to investigate bail petitioner in that case also as such releasing of bail petitioner at this stage may not be in the interest of justice. Learned counsel while referring to the reasons cited by the prosecution for letting off persons cited as accused by SIT headed by bail petitioner in rape and murder case of 'Gudiya', further contended that role played by bail petitioner in the investigation of FIR No. 97 of 2017 into the rape and murder of 'Gudiya', needs to be investigated and bail petitioner on being enlarged on bail, may .

associated with the SIT have categorically stated in their statements recorded by CBI that the bail petitioner remained closely associated with the investigation of rape and murder case (Gudiya case). Material adduced on record by the prosecution further suggests that the bail petitioner after having received order dated 10.7.2017, from the Director-

General of Police, not only monitored investigation, rather participated in day-to-day investigation of rape and murder case (FIR No. 97 of 2017). It is clearly borne out from record that on 18.7.2017, bail petitioner directly came from Police Station Kotkhai to participate in the press conference held by Director-