“Gujarat HC transfers minor boy’s sexual assault and murder probe to CBI on no fruitful outcome by police after 9-years.”
September 10, 2024 2024-10-15 5:21“Gujarat HC transfers minor boy’s sexual assault and murder probe to CBI on no fruitful outcome by police after 9-years.”
“Gujarat HC transfers minor boy’s sexual assault and murder probe to CBI on no fruitful outcome by police after 9-years.”
By Sunidhi Gupta.
In a significant ruling, the Gujarat High Court has directed the transfer of a nine-year-old murder case investigation to the Central Bureau of Investigation (CBI). On December 15, 2015, the petitioner’s minor son did not return home from school. After inquiring with the school and the child’s friends, the petitioner filed a missing person complaint. Three days later, on December 18, 2015, the police discovered the boy’s body near Machchhu Dam. The postmortem report revealed that the child had been subjected to unnatural sex and brutally murdered. An FIR was initially registered under Section 363 of the Indian Penal Code for kidnapping. After the discovery of the body, Sections 377, 302, and 201were added to the charges. The petitioner filed a Special Criminal Application in the Gujarat High Court seeking transfer of the investigation to the CBI. On September 27, 2017, the Director General of Police, Gandhinagar, constituted a Special Investigation Team (SIT) to investigate the case. Despite multiple orders from the High Court, no significant progress was made in the investigation.
The Gujarat High Court directed the respondent authorities to hand over the investigation of FIR I-C.R. No. 201/2015 to the Central Bureau of Investigation. The Court cited the reasoning to be the seriousness of the offence, the inability of the state authorities to detect the offence or trace any suspects and the passage of more than nine years without any fruitful outcome in the investigation. The Court ordered that all related case documents be transferred to the CBI for further investigation. The case highlights the crucial role of the judiciary in ensuring effective investigation, especially in cases involving serious crimes against minors and accountability of the state agencies as unsuccessful investigation by state authorities raises questions about the accountability and effectiveness of local law enforcement agencies. This judgment by the Gujarat High Court sets a precedent for similar cases where investigations have stalled or failed to produce results over an extended period.
[Case Title: Pareshbhai Gordhanbha Dhamecha v. State of Gujarat and Others, Citation: 2024 SCC OnLine Guj 3286]
