Bombay High Court Orders CBI Probe into 2010 Schoolgirl Death, Slams Police Oversight
In a significant ruling, the Bombay High Court has transferred the investigation of a 2010 accidental death case involving a 13-year-old schoolgirl to the Central Bureau of Investigation (CBI). The court strongly criticized the police for failing to consider crucial post-mortem evidence that indicated the girl was subjected to sexual intercourse within 24 hours before her death.
Case Background and Court's Scrutiny
The incident occurred during a school camp near the Tungareshwar forest in Navghar. According to prosecution details, students were playing in a stream when heavy rain caused the water flow to intensify. A teacher instructed all students to exit the stream, but the girl was swept away. Her body was later found unclothed, raising immediate suspicions.
The High Court, in its order dated February 10, pointed out "too many loose ends" in the police investigation. A division bench comprising Justices Sarang Kotwal and Sandesh Patil emphasized that authorities "did not even consider the serious possibility of the offence being rape with murder." The bench noted, "No investigation was carried out from that angle at all. Not finding the clothes on the dead body was also an important aspect which needed to be investigated seriously."
Critical Post-Mortem Evidence Ignored
The court highlighted that the post-mortem examination report clearly stated the girl had engaged in sexual intercourse prior to her death. "Very significantly, there was a clear opinion expressed that, prior to and within 24 hours, she was subjected to sexual intercourse. This particular opinion was very important, which unfortunately was not given sufficient importance by any of the investigating officers," the bench observed.
Instead, police relied on statements from doctors who had not reviewed the post-mortem report and an incomplete video recording of the autopsy. The HC noted that during the post-mortem, a young photographer on his first assignment felt sick and left midway, compromising the documentation. Additionally, police consulted a team from Sir JJ Group of Hospitals, where one member admitted his opinion was based solely on the incomplete autopsy video.
"Thus, it is quite clear that the very premise of the investigating agency to conclude that it was not a case of sexual assault was based on an incomplete videorecording of the post-mortem examination seen by the team of doctors of Sir JJ Group of Hospitals," the court added, stressing that the opinions of the three doctors who conducted the autopsy were "completely ignored."
Legal Proceedings and Transfer to CBI
The girl's father filed a petition in 2014 seeking to transfer the probe from the Crime Investigation Department (CID) to the CBI. The High Court acknowledged that "a long period went by and it would be very difficult to get the evidence," but found "certain circumstances which require serious consideration" for the transfer, as argued by advocates Yogesh Rawool, Hrishikesh Mundargi, and Pravada Raut.
Earlier, since 2023, a Special Investigation Team (SIT) of CID officers had probed the case following a prior HC order. Acting Chief Public Prosecutor M M Deshmukh opposed the transfer, stating that three different investigative teams had seriously and sincerely examined the case, concluding it was a "clear case of accidental death" with no sexual assault, suggesting clothes may have been removed by water flow.
However, the High Court dismissed this argument, underscoring the negligence in handling forensic evidence. The transfer to CBI aims to ensure a thorough and impartial investigation into the unresolved aspects of this tragic case.
