1 pdp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2004 OF 2009 Amna Qureshi and anr. .. Petitioners Vs. The State of Maharashtra & ors. .. Respondents Mr. S.K. Halwasia with Mrs. S.S. Halwasia i/by M/s. Halwasia & Co. for petitioners. Mr. J.P. Yagnik, APP for State. CORAM: B. H. MARLAPALLE & ANOOP V. MOHTA, JJ. JUNE 16, 2010. P.C. 1. This petition filed under Article 226 of the Constitution prays for the investigation into the incident of alleged gang rape of a minor to be transferred to a special team rather than being allowed to be conducted by the Cuffe Parade Police Station. 2. The petitioner no.1, who is the mother of the victim, alleges that on 17/5/2009 her minor daughter by name “X” was gang raped at 2 about 5.30 p.m. and she was immediately thereafter hospitalized at St. George Hospital in unconscious condition. It is further alleged that her sexual organs were mutilated and bleeding heavily. On 18/5/2009, C.R. No.117/2009 came to be registered against only one person who is alleged to be an employee of the main culprit. The petitioner further states that according to the medical opinion, the injuries indicated that that the minor was subjected to severe and violent gang rape and the police recorded her age as 18 years. She further alleges that the investigation was motivated and far for being honest. As per her on 22/5/2009 two persons entered the ladies ward of St. George Hospital with knife and threatened the relations of the victim girl not to approach social workers and advocates and/or writ letters to police and also requested the hospital authorities not to pass on the medical reports of the victim. The sole accused was arrested. 3. We have heard the learned counsel for the petitioners as well as the learned APP and perused the affidavit-in-reply filed by Shri Dattatraya J. Rajbhoj, Police Inspector, presently attached to the District Special Branch at Kolhapur and who was the IO in CR No. 117 of 2009 registered with the Cuffe Parade Police Station, Mumbai on 18/5/2009. The learned APP has taken instructions and stated before us that the police 3 authorities are not against handing over the investigation to any other senior police officer or even a lady police officer of the rank of Assistant Commissioner of Police. The names of three lady police officers of the rank of ACP have been placed before us and these names are also in the list of the lady police officers placed before us by the learned counsel for the petitioners. 4. We hereby appointed Smt. Harvindarkaur Varaich, ACP and presently attached to Law and Order, Marol, as the Special Investigating Officer. We also direct that the Spl. IO – Smt. Varaich will be assisted by one or two other police officers of her choice. A copy of the charge-sheet already filed in Sessions Case No. 601 of 2009 shall be handed over to Smt. Varaich. Smt. Varaich will undertake further investigation as contemplated under Section 173(8) of Cr.P.C. and submit her report to the Sessions Court in the pending Sessions Case. The further investigation be completed as expeditiously as possible and preferably within a period of three months from receipt of a copy of this order by Smt. Varaich. 5. Petition is disposed off. 4 6. A copy of this order be forwarded to Smt. Varaich by the learned APP forthwith. (ANOOP V. MOHTA,J.) (B. H. MARLAPALLE, J.)