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2022 Supreme(Cal) 146
IN THE HIGH COURT OF JUDICATURE AT CALCUTTA
PRAKASH SHRIVASTAVA, RAJARSHI BHARADWAJ, JJ.
Sumitra Bhattacharyya (Neogi) And Others - Appellant
Versus
The State Of West Bengal And Others - Respondent
WPA(P) 139 of 2022
Decided on : 12-04-2022
For the Appellant :Mr. Rajdip Ray, Mr. Pratip Chatterjee, Mr. Manojit Bhattacharyya, Mr. Chittapriyo Ghosh, Ms. Anindita Banerjee, Mr. Saikat Karmakar, Advocates
For the Respondent:Mr. S.N. Mookherjee, Ld Advocate General, Mr. Samrat Sen, Ld Aaag, Mr. Anirban Ray, Ld Gp, Mr. T.M. Siddiqui, Mr. Debasish Ghosh, Mr. Nilotpal Chatterjee, Ms. Manali Ali, Advocates
Appointment of a responsible senior lady police officer to supervise the investigation of sensitive cases such as rape incidents.
Headnote:
Investigation Supervision - Appointment of Smt. Damayanti Sen, IPS - The court directed the investigation of multiple incidents of rape to be done under the supervision of Smt. Damayanti Sen, IPS, a responsible senior lady police officer, considering the nature of the incidents and the allegations made.
Fact of the Case:
The court was informed about the progress of investigation in multiple incidents of rape, including the recording of the victim's statement, arrest of the culprits, and the submission of a supplementary affidavit suggesting the appointment of a senior lady police officer to supervise the investigation.
Finding of the Court:
The court found that considering the nature of the incidents and the allegations made, a responsible senior lady police officer should be appointed to supervise the investigation. Therefore, the court directed the appointment of Smt. Damayanti Sen, IPS, to supervise the investigation of the mentioned incidents.
Issues: The issues involved the progress of investigation in multiple incidents of rape and the appointment of a senior lady police officer to supervise the investigation.
Ratio Decidendi: The court's decision was influenced by the nature of the incidents and the allegations made, leading to the conclusion that a responsible senior lady police officer should be appointed to supervise the investigation.
Final Decision: The court directed that the investigation of the mentioned incidents of rape will be done under the supervision of Smt. Damayanti Sen, IPS, and the Advocate General was directed to file a report on the progress of the investigation on the next date of hearing.
ORDER :
1. Learned Advocate General has informed that in respect of rape of a minor girl at village Nehalpur, the statement of the victim under Section 164 Cr.P.C. will be recorded today. He has pointed out the opinion of the medical specialist to the effect that the victim is oriented to time, place and person and is in a fit condition to give the statement. He has submitted that he will produce report in respect of the various steps which have been taken during the course of investigation after 4th April, 2022 by filing the report in the form of affidavit.
2. In respect of the incident at Nandipara, Kuchenkora area he has submitted that the culprit has been arrested and his confessional statement has been recorded.
3. In respect of another incident of rape of a minor girl on the day of Dol Purnima, he has submitted that two persons have been apprehended, one of them is minor and that the statement of victim under Section 164 Cr.P.C. has been recorded. He has also submitted that medical examination of the victim as also the accused has been done and the protection as directed by this Court has been extended.
4. Supplementary affidavit in WPA(P) 139 of 2022 has been filed by petitioner suggesting the name of Smt. Damayanti Sen, IPS stated to be posted as the Special Commissioner of Police to Kolkata Police, for supervising the investigation.
5. Learned counsel for petitioner has submitted that taking into account the past performance of Smt. Damayanti Sen and her independent way of working in earlier investigations, they have full faith that under her supervision, proper investigation will be done.
6. Learned Advocate General has no objection to the same except by submitting that she may not have sufficient time to involve herself in supervising the investigation.
7. Having regard to the nature of incidents and the allegations which have been made, we are of the opinion that a responsible senior lady police officer should be appointed to supervise the investigation.
8. Hence, considering the material pointed out to us, we direct that the investigation of the incidents at village Nehalpur, Nandipara, incident on Dol Purnima noted above as also the incident of rape at English Bazar will be done under the supervision of Smt. Damayanti Sen, IPS presently working as Special Commissioner of Police to Kolkata Police. If Smt. Sen has any difficulty in supervising the investigation, she will be at liberty to indicate the same to this court on the next date of hearing.
9. Learned Advocate General is directed to file the report in the form of affidavit in respect of the progress of investigation in all the above incidents on the next date of hearing.
10. List on 20.04.2022.
