In a petition filed before the Bombay High Court seeking re-investigation or de novo investigation regarding a First Information Report (FIR) and charge sheet filed in a case before the Special Court for offences punishable under Sections 64(2)(i), 65(1), 74, 351(3) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS) and Sections 4, 8, and 17 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act), a Division Bench of Justice Vrushali V. Joshi and Justice Sandesh D. Patil transferred the investigation for the present FIR to CID and directed them to do so de novo.
The petitioner’s assertion was that her daughter was studying in Gurukul, where the alleged offences took place. She contended that the investigation was carried out in the most undesirable manner, and that apparently the police officer did not possess the basic knowledge of investigation. It was submitted that the most confidential and sensitive information, i.e., the name of the victim was mentioned along with the address and contact number, which was completely contrary to the spirit of the POCSO Act. The petitioner also mentioned that the victim’s statement was recorded in the police station.
On a previous date, the Court was surprised to note that the case diary which is to be prepared under Section 192 of the Bharatiya Nagarik Suraksha Sanhita, 2023, was not at all maintained, as only some loose sheets were presented. Shocked by the IO’s lackadaisical approach and ignorance of law, the Court directed the Superintendent of Police, Ratnagiri (SP) to be present.
The Court found it disheartening that in place of the case diary, the SP tendered a few documents, which were now bound by a tape and were surprised to note that the papers were kept together only by a black tape. It was also noted that the handwriting on the entire case diary was the same and that it was written on the same day. The Court stated that since the investigation was at a very nascent stage, it would be advisable to see to it that improper investigation does not derail dispensation of justice.
Considering the depreciable conduct of the police officers, the Court stated that the importance of case diary could not be undermined. The SP informed the Court that show cause notices had been issued against the IO and that the investigation would now be entrusted to a senior woman police inspector. The Court found the SP’s contention alarming that there were no woman police officers of IPS rank available to carry out the investigation, which is why they would conduct the same though the senior PI.
The Court said that it was flabbergasted by the SP’s response and noted that more than eight months had been wasted since the investigation was done in such a shoddy manner. It was noted that the present case was fit for the Court to exercise its powers under Article 226 of the Constitution to do complete justice between the parties. Considering the circumstances, the Court found it best to transfer the investigation to an independent agency.
Hence, the investigation for the present FIR was transferred to the State Criminal Investigation Department (CID), Maharashtra. It was directed that the CID would carry out the investigation de novo and that the officer of the Additional Director General of Police, State CID, would look into the matter personally.Considering the serious lapses, the Court placed the matter for further consideration, to which the State submitted a letter.
Thus, the matter was disposed of.
