Petition demanding transfer of investigation of deceased rape victim aged 20 to the Central Bureau of Investigation (CBI) .
Surat Singh v. State of Haryana
The writ petition of Surat Singh v. State of Haryana demands the investigation of rape and murder of Kaffi Devi, aged 20 to be transferred to the Central Bureau of Investigation (CBI) for further investigation. The investigation is being done by the Haryana Police in such a negligent manner that it is clear that the police are protecting some important persons. As a result of the criminal negligent and deliberate inaction on the part of the police and despite important evidence pointing towards murder and rape, even one year after the murder all that the police can do is to come up with the theory of suicide.
After the body was found on the banks of a canal, the body was taken in a police vehicle to the General Hospital, Hisar. The female members of the family inspected the body and saw the blood stains and the state of the body and it clearly appeared to them as if sexual assault had taken place. There were cigarette burns on the chest and several other parts of the body.
The father of the deceased Shri Surat Singh, the nambardar of the village Shri Ishwar Singh, the sister in law of the deceased Smt Poonam and the nephew of Surat Singh and Shri Mukesh the relative of the family gave signed statements.
This case ought to be sent to the CBI for further investigation for the following reasons:
Blood stains were found on her body and clothes as confirmed by the FSL report. The section 161 Cr.PC statements of Baladevi W/o. Dalbir Singh and Dulari W/o. Raju indicates that she was seen near two men. The statements of HC. Sudesh Kumari and HC. Hoshiyar Singh showed that there was another pair of slippers near the body of the deceased.
Kaffi Devi left her residence at Bhaniya Kheda in Jind at about 12 noon on 24.8.13 to take a bus to go for her Junior Basic Training (JBT) examination to be held at Government Girls Senior Secondary School at Jind. She never turned up there.
On the same day i.e. 24.8.13 at about 4 p.m. the father of the deceased Shri Surat Singh received a telephone call from the mobile of his daughter informing him that the mobile and other materials of his daughter were discovered. The speaker identified himself as Rajkumar. The phone was disconnected. The father, therefore, went to the Pillukhera police station where the police made a call to Rajkumar’s number, spoke to Rajkumar and obtained his address. The father then took a resident of the village with him and went to meet Rajkumar at village Amarhedi, Jind. From Rajkumar, the father recovered the mobile phone and other materials that his daughter was carrying with her when she went for the examination. Rajkumar informed the father that the materials were found on the banks of the Amarhedi canal. He showed the place where the material was found to the father and to the police but at night nothing could be found.
On the next morning i.e. 25.8.13 the father received a call at 8 a.m. from Mukesh, a relative, that the body of his daughter has been found on the banks of the canal. He and persons from the village and the police reached the spot where the body was lying. The dress of the deceased was bloodstained. It appeared as if the blood had come from the private parts of the deceased. There was blood on the feet of the deceased. It appeared that the ankle was fractured. An additional pair of slippers not belonging to the deceased was found near the body.
The body was taken in a police vehicle to the General Hospital, Hisar. The female members of the family inspected the body and saw the blood stains and the state of the body and it clearly appeared to them as if sexual assault had taken place. There were cigarette burns on the chest and several other parts of the body.
A writ petition was filed under Article 32 of the Constitution of India in the Supreme Court of India. The Court has apprised that the closure report has to be filed by the Police Authorities of the State of Haryana. The Court noticed that the investigating agency had not been able to trace out any of the accused. The report revealed that the deceased consumed poison.
The Court found it fit that the Central Bureau of Investigation (CBI) should investigate the case according to its own procedure and take the investigation to its logical conclusion. Furthermore, the Court also stated that investigating agency of Haryana Police shall fully cooperate with the Central Bureau of Investigation (CBI). In view of the present order, the closure report submitted by the police need not be adverted to as it has lost force.
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