In a tragic case involving the alleged rape and murder of a nine-year-old girl in Jayanagar, West Bengal, the Calcutta High Court has directed that an autopsy be conducted at AIIMS Hospital in Kalyani. The order was passed by a single bench led by Justice Tirthankar Ghosh.
The court also mandated that charges under the Protection of Children Against Sexual Offences (POCSO) Act be included against the accused, noting that the initial investigation had not considered the applicable provisions despite indications of sexual offences in the inquest report.
State’s Appeal Under Criminal Procedure Code
The State of West Bengal filed an application under Section 482 read with Section 401 of the Code of Criminal Procedure, 1973, and Section 528 read with Section 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023. This challenge arose from an order dated 5th October 2024, passed by the Additional Chief Judicial Magistrate (ACJM) of Baruipur in connection with Joynagar Police Station Case No. 793 of 2024, which pertains to the brutal rape and murder of the young girl.
Magistrate’s Initial Refusal for Judicially Supervised Post-Mortem
The investigating agency had earlier sought permission from the ACJM Baruipur, South-24 Parganas, for conducting the post-mortem in the presence of a Judicial Magistrate at Mominpur Police Morgue Hospital on 6th October 2024. However, the Magistrate turned down this request in the order dated 5th October 2024.
The deceased child’s father petitioned for the post-mortem to be carried out at a hospital controlled by the Central Government, rather than a state-run facility. Although the Advocate General highlighted that the State had the necessary infrastructure to handle the procedure, the State ultimately agreed to the father’s request.
After reviewing the submissions, the High Court ordered that the autopsy take place at AIIMS Kalyani, a central government hospital. During the proceedings, it was revealed that despite the clear evidence of sexual offences, charges under the POCSO Act had not yet been brought against the accused. The court expressed concern that relevant legal provisions should have been applied earlier.
Accused to be Produced Before POCSO Special Court
The High Court also instructed that the accused be produced before the Special Court under the POCSO Act in Baruipur for further instructions in the ongoing investigation. This move is expected to ensure that the case proceeds under the correct legal framework.
The court issued a series of directives, including the immediate commencement of the post-mortem examination at AIIMS Kalyani, ensuring that the investigation adheres to the applicable provisions of the POCSO Act.
Case: The State of West Bengal -vs- Union of India & Anr.