1 cr-wp-3111-10 jdk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRI. WRIT PETITION NO. 3111 OF 2010 Ramesh Damaji Pawar ] Age 36 years, Occ: Rickshaw Driver ] Residing at D/15, Bharat Colony, ] Don Lane, Achole Road, Nallasopara ] Tal. Vasai Dist. Thane ]..Petitioner Vs. 1. The State of Maharashtra ] through Manikpur Police Station ] Tal. Vasai, Dist. Thane ] ] 2. The Inspector of Police (Crimes) ] Manikpur Police Station ] ] 3. The Superintendent of Police, ] Thane Gramin Office of S.P. ] (Rural) Thane, Thane ]..Respondents .... Mr. S.V.Marwadi Advocate i/b Ms. S.S. Redekar and Mr. Yogesh Rawool Advocate for Petitioner Mr. K.V.Saste A.P.P. for the State. Mr. Ganesh Sovani Advocate for Respondent 2. .... CORAM : P.V.HARDAS AND M.N.GILANI, JJ. DATED : MARCH 23, 2011 ORAL JUDGMENT : [PER P.V.HARDAS, J.] 2 cr-wp-3111-10 1 Rule. Rule made returnable forthwith. With the consent of the parties, this petition is heard finally at the stage of admission. 2 This petition unfolds a gory-tale of death of a girl aged 13 years named Aaishwarya Pawar who died in mysterious circumstances on 27th August, 2010. What was initially meant is an excursion for the children studying in Holy Cross High School Nirmal Vasai turned out to be an episode leading to death of Aaishwarya. The students of Holy Cross High School Nirmal Vasai had been taken for a Scout Guide Camp (Excursion) at the Tungareshwar Forest along with other school students and teachers. Deceased Aaishwarya was accompanying the group. It further appears that the children had gone to Tungareshwar temple and thereafter the children were advised if they were willing, they could bathe in the river. Primarily all the children thereafter descended and bathed beneath the water fall. However, it began to rain very heavily and as a result of which the students were called back but Aaishwarya was not amongst them. Dead body of deceased Aaishwarya was subsequently found in the evening at a distance of about 3 to 4 kms. from the place from where Aaishwarya is alleged to have been carried away by the flood waters. It also appears, though it is not the case of the petitioner, that the current of the water was strong which carried Aaishwarya. The moot question raised in this petition is whether death of Aaishwarya could be 3 cr-wp-3111-10 called as a freak accident which was on account of Aaishwarya drowning in the flood waters or it was a diabolic crime which was hushed up so as to suggest that it was an accidental death. 3 We do not propose to advert to all the facts in detail which are extremely voluminous nor do we intend to deal with the rival contentions made by the learned Counsel for the parties appearing before us. However, suffice it to state that post mortem came to be conducted on the dead body of deceased Aaishwarya. It further appears that unfortunately the inquest panchnama was not drawn at the place where the dead body was found but it was drawn subsequently in the hospital. Though a contention is advanced before us by the learned Counsel for the petitioner that original inquest panchnama came to be substituted in place of the present inquest panchnama, we do not propose to deal with the aforesaid contention. 4 The post mortem report which is annexed to the petition at Exhibit-F, reveals that Aaishwarya, who was a 13 years old child, had sustained as many as six injuries on her private part. These aforesaid injuries read thus: (1) Contusion about 5 in number each measuring about 1 x 1 cm into 5 x 2 cm over the perivaginal region; 4 cr-wp-3111-10 (2) Laceration seen over the hymen; (3) Vulva is oedumatous; (4) frank reddish colour fluid seen in the vagina on dissection; (5) Whitish colour viscous fluid generated out of vagina on dilatation; (6) Vaginal opening seen dilated; The other external injuries sustained by deceased Aaishwarya which referred to in column no.17 of the post mortem report which reads thus: 1. Sharp cut injury 7 x 2 x 7 cm over (lt) front parietal region- oblique; 2. Sharp cut injury 4 x 2 x 1 cm by one and half cm below and parallel to first injury; 3. Contusions four in numbers over forehead ranging from 2 x 2 cm to 3 x 2 cm. 4. Cut injury near outer angle of both eyes half x half cm near right eye and half x 0.3 cm near (IP) eye; 5. Contusion over lower lip 2 x 0.5 cm; 6. Abrasions (graze) over just lateral to the left iliac region; 7. Abrasions three in numbers ranging from 2 x 1 to 4 x 0.5 cm over lateral aspect of (IP) thigh; 8. Contusion three in numbers about 2 x 2 cm over right knee joint anteriorly and two just below the knee joint 2 x 1 cm and 1 x 1 cm; 5 cr-wp-3111-10 9. Contusions two in numbers over (Lf) knee 3.5 x 1.5 cm and 1.5 x 1 cm anteriorly. 5 The medical officer had opined that the probable cause of death was a haemodynamic shock due to head injury, however, viscera and samples were preserved for chemical analysis. The medical officer who has performed the post mortem has also filed an affidavit in this Court raising numerous contentions. It also appears that the police officers had sought opinion of the J.J.Hospital at Mumbai who had opined that Aaishwarya had sustained injuries accidentally and death of Aaishwarya was a result of drowning. 6 We are at a loss to understand as to how the prosecution or in the present investigation the injuries sustained by deceased on her private part are explained. However, we do not wish to comment upon the investigation carried out by the Investigating Officer so far though it has been an endeavour of the petitioner to do so. According to us, in the peculiar facts of the case since according to us, death of Aaishwarya was a result of either a freak accident or a diabolic crime, her death should be investigated by the State C.I.D. We do not, for a moment, even intend to castigate the investigation which has been carried out so far. However, it would be appropriate if the State C.I.D. commences the investigation 6 cr-wp-3111-10 afresh excepting those stages of investigation which cannot be undone particularly like post mortem examinations. 7 We therefore allow this petition and direct respondent 1 the Home Department to entrust this case especially investigation of Crime No. I-314 of 2010 registered by Manikpur Police Station, Vasai to the State C.I.D. The investigation may preferably be carried out by an Officer not below the rank of Deputy Superintendent of Police. We expect the authorities now being entrusted with the investigation, to conduct the investigation as expeditiously as possible. In order to avoid any allegations being leveled against the local police in future, it would be appropriate if the Investigating Officers, so appointed, do not associate with the local police in the investigation while carrying out the investigation. 8 It appears that the prosecution has submitted an application to the learned Magistrate on 29th September, 2010 for deleting Sections 302, 201 and 376 of the Indian Penal Code from the offence which is registered. However in the light of the fact that we have directed the entrustment of the investigation to the State C.I.D., such an application would be pre-mature. We therefore direct the trial Court to keep the aforesaid application in abeyance till such time as the State C.I.D. 7 cr-wp-3111-10 completes the investigation. 9 Rule made absolute on the above terms with no order as to costs. [ M.N.GILANI, J. ] [ P.V.HARDAS, J. ]