IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 12TH JANUARY 2011 / 22ND POUSHA 1932 WP(C).NO. 26182 OF 2010(Q) ----------------------------------------- PETITIONER(S): ----------------------- REV.FR. GEORGE KUTTY KANNAMPLAKKAL 43 YEARS, S/O.MICHAEL KANNAMPLACKAL DIRECTOR, SACRED HEART AHSRAM, DIVYAHRIDAYASHRAM CHENNAIPARA, PEECHI PO,THRISSUR BY ADV. SRI.A.F.SEBASTIAN RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REPRESENTE DBY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM 2. THE DIST SUPDT OF POLICE THRISSUR DISTRICT 3. DY.SUPDT OF POLICE, THRISSUR 4. THE CIRCLE INSPECTOR OF POLICE OLLUR,THRISSUR DISTRICT 5. THE S.I.OF POLICE OLLUR, THRISSUR DISTRICT 6. THE CIRCLE INSPECTOR OF POLICE IRINGALAKUDA, THRISSUR DISTRICT. BY PUBLIC PROSECUTOR SMT. M.K. PUSHPALATHA R1 TO 6 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== W.P(C) No.26182 of 2010 ==================================== Dated this the 12th day of January, 2011 J U D G M E N T This petition is filed by the Director of Sacred Heart Ashram (Divyahridayashrsam) which is claimed to be a Charitable Institution/Rehabilitation Centre for more than 200 destitute women, children and aged persons and many of whom are said to be mentally ill persons. According to the petitioner on September 22, 2000 respondent No.6, Circle Inspector of Police, Irinjalakuda brought a girl aged about 12 years named Sumari to the Ashram and requested petitioner to give her shelter for a short term until certain legal formalities are completed. The girl was mentally retarded and had severe wounds on her body. Police found her wandering with a beggar. Police took her into custody as she was being tortured by the beggar. On December 28, 2007 while Sumari was eating halva a piece of halva entered her respiratory tract and she died. Respondent Nos.4 and 5 (Circle Inspector of Police, Ollur, Thrissur District and Sub Inspector of Police, Ollur, Thrissur District) conducted some investigation into the death of the girl and found that death was due to the above mentioned W.P(C) No.26182 of 2010 -: 2 :- incident. On June 3, 2010 respondent No.4 (Circle Inspector of Police, Ollur) came to the Ashram and told petitioner that they have received autopsy report on the body of the girl which revealed that the girl was sexually exploited several times before her death. They also informed petitioner that they wanted to further investigate the matter based on the postmortem examination. According to the petitioner respondent Nos.4 and 5 threatened and attempted to black mail petitioner in connection with the incident. Petitioner is aggrieved as respondents have not conducted proper investigation into the matter and not in attempting to bring the truth behind the death of Sumari. It is the grievance of petitioner that respondents are trying to make the incident as an occasion to cause damage to the reputation of the Ashram. Petitioner has therefore sought direction to respondent No.1 to appoint an efficient senior officer to conduct proper investigation of the case and to grant other reliefs. 2. The Investigation Officer, Dy.S.P. (Crime Detachment), Thrissur has filed a statement in the matter. It is stated that on the fateful day Sumari died due to chocking and a case was registered as Crime No.935 of 2010 under Section 174 of the Code of Criminal Procedure. Investigation was taken by the W.P(C) No.26182 of 2010 -: 3 :- local Sub Inspector. Report of postmortem examination revealed that though the death was due to chocking, on receipt of chemical examination report it was revealed that human semen and spermatozoa were detected in the vaginal swab and smear of the deceased. In the light of that report, offence under Section 376 of the Indian Penal Code was incorporated in the FIR and investigation was taken by the Circle Inspector, Ollur. Later Inspector General of Police, Thrissur Range entrusted investigation to the Dy.S.P., Crime Detachment, Thrissur vide order dated June 14, 2010. It is accordingly that the Dy.S.P. has taken up investigation of the case. In the course of investigation 25 witnesses including the Doctor who conducted the Postmortem examination were examined and report of the chemical examination was verified. That investigation revealed that within 48 hours of death the girl was subjected to rape by somebody. The inmates of the Ashram were questioned and that revealed that there was no possibility of any male person entering the Ashram during the time of offence. It appeared that certain Preshithanmars (volunteers) were frequently visiting the Ashram for missionary work and no records were kept in the Ashram about their identity. Investigating Officer states that as W.P(C) No.26182 of 2010 -: 4 :- part of investigation it is necessary to question the persons who are acquainted with the facts of the case which include both inmates and outsiders of the Ashram. It is also stated that further investigation is required in the matter. 3. As directed by this Court, learned Public Prosecutor has produced the case diary relating to the investigation and I have perused it. Report of postmortem examination dated December 29, 2007 revealed that hymen of the deceased showed two healed tears at different positions. Vaginal swab and smear were preserved and sent for chemical examination. The medical officer opined cause of death as due to chocking. Report of chemical examination dated January 29, 2010 states that tests were positive and human semen and spermatozoa were detected in item Nos.1 and 2, vaginal swab and smear. It is seen from the file that a number of witnesses who include inmates of the Ashram were questioned by the investigating Officer. Presently no clue as to the identity of the culprit could be obtained. Matter is now under investigation. 4. On going through the report and statement of Investigating Officer (Dy.S.P., Crime Detachment) and the case diary I am inclined to think that the investigation is proceeding in W.P(C) No.26182 of 2010 -: 5 :- the proper manner. At this stage there is no reason to interfere with the same and entrust the investigation to any other person. As such the request made in the petition cannot be granted. The investigating agency is directed to proceed with the investigation effectively as provided under law. Criminal Miscellaneous Case is dismissed. THOMAS P. JOSEPH, JUDGE. vsv