Crl. Misc. No.M-6699 of 2011 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No.M-6699 of 2011 (O&M) Date of decision:- 30.05.2011 Manohar Lal and another ...Petitioners Versus State of Punjab and others ...Respondents. CORAM: HON'BLE MS. JUSTICE RITU BAHRI Present:- Mr.R.K. Handa, Advocate for the petitioners. Mr. Vishal Munjal, Addl.A.G., Punjab RITU BAHRI J.(Oral) The petitioner has sought direction under Section 482 Cr.P.C to transfer the investigation of F.I.R No. 18 dated 16.12.2010,registered under Sections 306/354 IPC, Police Station Talwara, District Hoshiarpur to CBI or any other independent agency Both the petitioners are real brothers. Petitioner No. 2 is serving in the B.S.F as Head Constable (Driver) and is presently posted at Sant Nagar with I.G.P. B.S.F, Srinagar and petitioner No. 1 is an Ex-serviceman and is residing in the village. Petitioner No. 2 has lost his wife and has only one daughter namely Sapna. She was studying in Class 10th and was a brilliant student. She passed her middle class examination in the year 2009 by securing First Division (Annexure P- 1). The date of birth of Sapna is 25.05.1996. She was residing with petitioner No. 1 in the village. Sapna used to go to her school in a school vehicle. This vehicle was driven by one Vinod Kumar @ Vikkey. On 11.12.2010, Sapna was picked up by the school vehicle, driven by Vinod Kumar @ Vikkey while she was going to school. She was picked up by the driver on the pretext of marrying her and had taken her to a temple. Sapna was dropped by an associate of Vinod Kumar, Crl. Misc. No.M-6699 of 2011 (O&M) -2- namely Ankush who also was a driver of another vehicle of the school. Sapna consumed some poisonous substance and she she started vomiting, she was taken to private hospital at Lakhi, District Una (HP) where she was given treatment and was referred to the PGI, Chandigarh/DMC, Ludhiana. The police recorded the statement of Sapna who signed the same in the presence of petitioner No. 1 and the doctors, wherein she has made statement against the accused (Annexure P2). After receiving the information, petitioner No. 2 had reached the hospital. Sapna disclosed the whole incident on 11.12.2010 by stating that driver of the vehicle No. HP-19-A-3500 picked her up and instead of dropping her at the school, he has taken her to temple on the pretext of marrying her forcibly. When Sapna protested the same, the accused Vinod Kumar @ Vikkey threatened Sapna to kill her and forcibly committed rape on her. Thereafter, another person and a lady came there and the accused Vinod Kumar called his friend Ankush Kumar who dropped Sapna at her home. This was the last statement made by Sapna before respondent No. 2 and on the same night i.e 15.12.2010 at about 11.00 a.m., Sapna died. Copy of the statement is Annexure P3. Post mortem was conducted on the dead body of Sapna on 17.12.2010 (Annexure P4). As per post mortem report, Sapna was subjected to rape. Subsequently, F.I.R was registered against the accused party but police has registered the case only under Section 306/354 IPC and has not included Section 376 IPC for commission of offence of rape (Annexure P5) The allegations of the petitioners is that not only Vinod Kumar is involved in the crime but his wife and other associates of Vinod Kumar namely Ankush and Kulvir a photographer, are also involved in the commission of offence. It is alleged that some photographs were taken to blackmail Sapna. As per the call details (Annexure P6), of the above mentioned persons, they were in touch with each other on 11.12.2010. Mr. Vishal Munjal, Addl.A.G., Punjab submits that on 17.12.2010, Crl. Misc. No.M-6699 of 2011 (O&M) -3- the accused Vinod Kumar was arrested. Thereafter, on the opinion of doctor of BBMB, Talwara, the cause of death is Aluminium Phosphate poisoning which is sufficient to cause death in the ordinary course of nature detection of spermatozoa in the intents of Exhibit No. VI of chemical examiner report which shows that sexual intercourse had taken place. Offence under Section 376 IPC was added to the above mentioned FIR on 09.02.2011. After completion of the investigation, the challan was presented against the accused Vinod Kumar in the Court of Judicial Magistrate, Mukerian on 16.02.2011 who committed the case to the Court of learned Sessions Judge, Hoshiarpur for trial on 11.3.2011. The case was entrusted to Addl. Sessions Judge, (Adhoc), Fast Track Court, Hoshiarpur for trial. The charge has been framed against the accused by the learned trial Court on 26.3.2011. Now the case is fixed for prosecution evidence for 18.4.2011. It has been further stated that on 14.12.2010, a telephonic message was received by the police of PS Talwara from Police of Police Daulatpur, Himachal Pradesh that a girl namely Sapna is admitted in Lucky Hospital, Daulatpur on account of consuming some poisonous substance and she was referred to DMC, Ludhiana after giving first aid. Thereafter, on 16.12.2010, in the morning a telephonic message was received by the police of PS Talwara from Police Station Division No. 8, Ludhiana that the above said Sapna died in DMC Hospital. Petitioner Nos. 1 and 2 got recorded their statement with the SHO, Police Station, PS Talwara and the above mentioned F.I.R was registered against accused Vinod Kumar. After getting the report from chemical examiner, Section 376 was added. After investigation, Ankush and Kulvir were not found to have committed the offence and no photograph of Sapna was found lying in their custody. Mr.R.K. Handa, Advocate, counsel for the petitioner has vehemently argued that even though charge under Section 376 has been framed against accused Vinod Kumar but the investigation qua the other accused i.e Ankush and Kulvir has not been carried out fairly. After filing of the present petition, Section 376 has been added. The call details of the mobile sets of the accused persons Crl. Misc. No.M-6699 of 2011 (O&M) -4- shows that the accused Kulvir and Ankush were equally involved in the crime. This argument of learned counsel for the petitioner has no force as in the reply, it has been submitted that the detail investigation was carried out and Ankush and Kulvir were not found to have committed the offence as no incriminating material was found from their custody. The allegation was that some snaps of Sapna has been taken by Ankush and Kulvir to blackmail her but nothing has been found by the police during investigation. As the detailed investigation has been carried out by the police which is in the just and fair manner, therefore, no further orders are required to be passed in the present petition. Accordingly, the present petition is dismissed. May 30, 2011 ( RITU BAHRI ) G.Arora JUDGE