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SCR.A/1793/2010 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 1793 of 2010
=========================================================
THAVRAJI
RATNAJI ASARI - Applicant(s)
Versus
STATE
OF GUJARAT & 3 - Respondent(s)
=========================================================
Appearance
:
MR
PR NANAVATI for
Applicant(s) : 1,
MR KARTIK PANDYA, APP for Respondent(s) : 1 -
2.
NOTICE NOT RECD BACK for Respondent(s) : 3 -
4.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 01/10/2010
ORAL
ORDER
Petitioner
is the grand-father of an unfortunate girl named Saroj who admittedly
died an unnatural death on 9.12.09. Her dead body was found hanging
with her dupatta tied to a hook from the ceiling of a ladies toilet
of the school where she was studying. The incident was reported by
the school teacher to the police. It however appears that since
prima faice the scene suggested suicide of the girl, no FIR has
been recorded. Police has inquired into the case of death and appears
to be of the opinion that the girl died by committing suicide.
Since
according to the petitioner, there were several suspicious
circumstances and indicators pointing towards foul play rather than a
simple case of suicide, he has been running from pillar to post to
have the case properly investigated. It is his grievance that even
the complaint has not been registered as an FIR and whatever
inquiry conducted by the police leaves much to be desired.
In
response to the order dated 16.9.2010, the police has produced a
report dated 24.9.2010 submitted by the Deputy Superintendent of
Police, Idar. In the report, it is suggested that the girl died due
to hanging and during inquiry, no material has been found to
suggest that she was hanged after killing her.
From
various documents such as the statement of the school teacher,
panchnama of the scene of incident, inquest panchnama, the medical
report regarding the cause of death, photographs produced by the
petitioner, few aspects seem worth investigating into, which are as
follows:-
There
is nothing on record to suggest that a young girl of about 14 years
should have ended her life in such a tragic and violent manner. No
statements are recorded of any student, teacher or family members
to suggest that she was under extreme distress so as to take such
an extreme step. Cause of suicide, if at all, is thus completely
unknown after a long time.
From
the photographs produced on record, it appears that the legs of
the girl were almost touching the floor even while she was hanging
from the ceiling. It may be that the photographs might have been
taken after a long gap of time and that therefore, either due to
elasticity of the body or stretchability of the cloth, such
appeararance may have been created. In any case, this is also an
aspect which cannot be discarded out of hand.
On
the body of the deceased, some injury marks were spotted especially
in her inner thigh.
Her
vagina was found swollen.
FSL
report suggests that semen was found from her vagina as well as from
her under-pant.
More
significantly, bath room walls had blood marks.
None
of these factors in isolation may disprove the theory of suicide.
However, seen together, they provide for too much of a coincidence
particularly when there is no earthly reason why, if the girl
intended to commit suicide in a running school quietly, there would
be blood marks on the wall of the toilet where she was found dead.
These and other relevant aspects of the matter need much closer and
more sincere investigation than what has been carried out so far.
Under
the circumstances, following directions are issued:
The
petitioner shall approach the CID Crimes, Gandhinagar and lodge a
complaint which shall be recorded as FIR and investigation will be
carried out. It is directed that such investigation shall be
supervised by an officer not below the rank of Dy.S.P. of CID
Crimes.
It
is, however, clarified that if in the complaint that the petitioner
lodged, there are any pointers to suspect any individuals, the
Investigating Agency shall collect at least prima facie material
recording their involvement before causing their arrest.
The
Investigating Agency shall inquire into all aspects of the matter
particularly those highlighted in the earlier part of the order.
With
the above directions, the petition is disposed of.
Direct
service.
(Akil
Kureshi, J.)
(vjn)
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