IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 16TH JULY 2010 / 25TH ASHADHA 1932 WP(C).No. 16443 of 2010(Q) --------------------------------------------- CRIME NO.21/2010 OF KOLLENGODE POLICE STATION PETITIONER(S): ------------------------ C. SURESH KUMAR, AGED 35, S/O. CHUNDAN, ARCHANA NIVAS, AMBALAKKATTIL,KALLEPULLI AMSOM, PALAKKADU. BY ADV. SRI.C.P.UDAYABHANU RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE D.G OF POLICE, POLICE HEADQUARTERS, THIRUVANANTHAPURAM. 2. DEPUTY SUPERINTENDENT OF POLICE, ALATHUR. 3. C.I OF POLICE, KOLLENGODE POLICE STATION. 4. S.I OF POLICE, KOLLENGODE POLICE STATION, PALAKKAD DISTRICT. 5. DISTRICT COLLECTOR, PALAKKAD DISTRICT GOVERNMENT PLEADER SRI.C.S.HRITHWICK THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/07/2010, THE COURT ON 16/07/2010 DELIVERED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = W.P.(c).No.16443 of 2010 = = = = = = = = = = = = = = Dated this the 16th day of July, 2010 JUDGMENT Petitioner, who is the father of a 11 year old girl by name Varsha, seeks a direction to entrust the investigation of Crime No.21/2010 of Kollangode Police Station with any other senior, responsible, experienced and competent Officer and to monitor the investigation. 2. The petitioner and his wife Nisha Kumari are not on cordial terms and are staying apart. Nisha Kumari along with her daughter Varsha, son Harish, younger sister Asha, son of Asha and mother, is staying in her house namely Chenmani Karalakam House at Ozhivupara, Pallasana. The petitioner, who is a driver by avocation is residing at Archana Nivas, Ambalakad, Kallepulli, Palakkad. In the afternoon of 18.1.2010, at or about 1.30 p.m. the body of Varsha was found hanging on a saree in the bedroom of Chenmani Karalakam House . It was a Monday. The version given from the house of her mother (i.e. the petitioner's estranged wife) was that Varsha's neck W.P.(c). No.16443 of 2010 2 accidentally got entangled in the saree while tying it for the purpose of making a cradle. Eventhough Varsha was rushed to the hospital in an auto rickshaw, since the girl breathed her last midway those who took her discontinued the journey and returned to the house of Nisha Kumari and the dead body of Varsha was laid in the hall of the house. The petitioner got information about the death of his daughter at 5 p.m. After seeing the dead body he went to the Kollengode Police Station at 7.45 p.m on 18.1.2010 and reported the matter to the Assistant Sub Inspector of Police. A case was registered as Crime No.21/2010 under the caption “unnatural death” under Section 174 Cr.P.C. Inquest over the dead body was held by the Sub Inspector of Police, Nenmara at 9 a.m on 19.1.2010 at the place of occurrence itself. After that the body was sent to the District Hospital, Palakkad for autopsy. Ext.P2 is the post mortem certificate prepared by Dr.P.B.Gujaral, District Police Surgeon attached to District Hospital, Palakkad. He conducted the autopsy at 1.20 p.m on 19.1.2010. The opinion as to the cause of death was due to hanging. The autopsy Surgeon also noted that there was evidence of recent vaginal penetration on the child. Viscera etc. of the child were preserved for chemical analysis. W.P.(c). No.16443 of 2010 3 Vaginal swab was also taken for detection of semen and also for DNA fingerprinting, if necessary. 3. Eventhough the investigation was taken over by the Circle Inspector of Police, Kollengode, except stating that the investigating team is awaiting the results of scientific evidence from the samples sent to the laboratory, no investigation worth its name appears to have been conducted to find out whether the death of Varsha was accidental or homicidal, even after the lapse of six months. It was suspecting the fidelity of his wife Nisha that about 2 ½ months prior to the death of Varsha the petitioner had parted company with Nisha. The only persons who had seen the body of Varsha hanging on the saree are Nisha and her paternal aunt, Panchali. It was those two women who allegedly cut the saree on which the body of Varsha was allegedly seen hanging and laid the girl on the cot. The services of a senior forensic science assistant (Smt.Annamma John) from Thrissur were requisitioned. The said expert inspected the house of Nisha and recovered a wrinkled and bloodstained frock which was allegedly worn by Varsha on 17.1.2010. The said frock has been forwarded to the FSL for detection of seminal stains and bloodstains, if any, on them. So far, no clue has been W.P.(c). No.16443 of 2010 4 obtained as to who could be the person who might have sexually abused the tender girl. The inmates of the house of Vallikutty the mother of Nisha Kumari seem to be hiding something. So far, no headway has been made by the Circle Inspector in charge of the investigation of the case. Under these circumstances, I am of the view that this is a fit case where the investigation should be handed over to a specialized agency so that the real truth behind the mysterious death of the 11 year old girl is unfolded at the earliest. Accordingly, the investigation of Crime No.21/2010 of Kollengode Police Station is entrusted with the Crime Branch of Police. The Director General of Police shall pass formal orders handing over the investigation of the case to the Crime Branch of police headed by an experienced, able and competent officer. Dated this the 16th day of July, 2010. Sd/-V. RAMKUMAR, JUDGE sj /true copy/ P.A. to Judge