Chennai: Disposing of a plea filed by the mother of a 16-year-old gang rape and murder victim, the Madras High Court declined the case to be transferred to CB-CID.
The judge Justice G K Ilanthiraiyan said that the investigation was in the final stages and that it would not serve any purpose at this stage. The judge also directed a lower court to complete the trial within six months. He also stated that the DSPĀ JeyamkondamĀ handling the case had already completed investigation and filed final report and also that the transfer of investigation on the file of DSPĀ Jeyamkondam to the Additional Director General of Police, Crime Branch-CID, cannot be ordered when there is no fault or wrong committed by the SP, DSP, and the Inspector of Jeyamkondam police station.
After going through the counter filed by the DSP,Ā Jeyamkondam, and Additional Advocate General, Narmada Sampath, said “there is a gang rape and also statements recorded from the witnesses reveal that the offence under Section 376(D) (gang rape) is clearly made out against the accused persons. Even then the DSP failed to add the offence in the final report and the DSP averred in the counter that the above will be added while laying the charge sheet,” the judge said.Ā Thee DSP was directed to add the offence under Section 376(D) (gang rape) when the charge sheet is filed.
The 16-year-old girl had gone missing from 29 December 2016 and her mother had lodged a complaint with Jeyamkondam police that her daughter was kidnapped by a man named Thamizharasan. The petitioner alleged thatĀ Ā Ā Ā Ā her daughter would be safe if timely action was taken. However, the prosecution said there was no person named Thamizharasan in the village
Till 17 January, the inspector had not filed the FIR and instead gave only a community service register (CSR) receipt. On January, the girl’s body was found in a well.
Investigations revealed that the girl was in a relationship with a man and upon inquiry the man absconded. However, he was later arrested andĀ he confessed he along with his cousin kidnapped, raped and murdered the girl on 29 December 2016 night itself.
The final report was filed by the DSP before the Jurisdictional Magistrate who returned it stating that there was a stay by the High Court. “This Court is of the opinion that the Inspector did not commit any wrong on the inquiry. As averred by the DSP in the counter while laying charge sheet, offence under section 376(D) IPC also has to be added against the accused persons to the final report within a period of two weeks from the date of receipt of the order. On receipt, the Magistrate concerned is directed to commit the same within a period of two weeks thereafter to the trail court,” the judge said and directed it to complete the trial within a period of six months.