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2018 Supreme(Del) 1138
IN THE HIGH COURT OF DELHI AT NEW DELHI
S.P. GARG, J.
Awungshi Chirmayo and Another – Petitioners
Versus
Govt. of NCT of Delhi and Others – Respondents
W.P. (Crl.) No. 1364 of 2013
Decided On : 18-05-2018
Important Points
Subject
Criminal Law - Investigation and Prosecution
Act Referred
CRIMINAL PROCEDURE CODE : S.482
INDIAN PENAL CODE : S.302, S.306
Headnote
CBI Transfer - Criminal Investigation - Section 306 IPC, Section 302 IPC - The court discussed the investigation into the death of a victim and the suspicion of the involvement of the landlord and his brother-in-law. It highlighted the use of circumstantial evidence, DNA profiling, and the lack of evidence implicating the suspects. The court emphasized that handing over the investigation to CBI would not serve any purpose in the absence of exceptional circumstances.
Fact of the Case:
The victim was found dead in her rented accommodation, leading to suspicion of landlord and brother-in-law's involvement. The investigation was based on circumstantial evidence and DNA profiling. The petitioners sought transfer of the investigation to CBI.
Finding of the Court:
The court found that the investigation was conducted without bias and that there was no exceptional circumstance warranting CBI investigation. It dismissed the writ petition and directed the investigating agency to continue the investigation.
Issues: The issues revolved around the fairness of the investigation, suspicion of landlord and brother-in-law's involvement, and the request for CBI transfer.
Ratio Decidendi: The court emphasized the use of circumstantial evidence, DNA profiling, and the lack of exceptional circumstances warranting CBI investigation.
Final Decision: The writ petition was dismissed, and the investigating agency was directed to continue the investigation.
For the Petitioners: Mr. Colin Gonsalves, Ms. Olivia Bang, Ms. Pragya Singh.
For the Respondents: Mr. Rahul Mehra, Mr. Jamal Akhtar, Mr. Sanjeev Bhandari, Mr. Prateek Kumar.
S.P. GARG, J.
1. Present writ petition under Article 226 of the Constitution of India read with Section 482 Cr.P.C. has been preferred by the petitioners-Awungshi Chirmayo and Thotreithem Longpinao for transfer of the investigation and prosecution in case FIR No. 253/2013 PS Malviya Nagar to CBI. Status reports are on record.
2. I have heard the learned Senior Counsel for the petitioners and learned Standing Counsel for the State-Mr. Rahul Mehra and have examined the file.
3. The victim aged around 25 years was residing as a licensee at 424-B, Ground Floor, Chirag Delhi, since April, 2013. The landlord lived on the ground floor of three storey building, adjacent to the premises occupied by the victim. On 29.05.2013, the victim was found dead in her rented accommodation. The landlord gave intimation to PCR on 29.05.2013 and it came to be recorded as DD No. 20A at around 11.48 a.m. The investigation was assigned to SI Dinesh who along with other police staff reached the spot. The door of the room was broken open and the victim was found dead in the room with injury marks on her face and toe. Empty wrappers of sixteen tablets of Spasmocip Plus and ten tablets of Meftal Spas were found in the dustbin of the victim’s room. The CFSL team visited the spot and inspected the crime scene; it took photographs. The local police seized various exhibits.
4. Post-mortem examination on the victim’s body was conducted on 30.05.2013 at AIIMS. The viscera was preserved and the cause of death was kept pending. It was opined that the injuries on the body of the deceased showed nibbling marks and were postmortem in origin.
5. On 31.05.2013, FIR 253/2013 came to be registered at PS Malviya Nagar for commission of offence punishable under Section 306 IPC. On 01.06.2013, the investigation was transferred to Crime Branch. It was suspected by the relatives of the victim that it was a case of rape-cum-murder. They suspected the involvement of landlord and his brother-in-law in the crime. Section 306 IPC was altered to Section 302 IPC.
6. On the demand of the victim’s relatives, re-post-mortem examination on the body was conducted. A medical board consisting of senior doctors of Delhi Government was constituted; the second post-mortem examination of the body was conducted on 04.06.2013. Certain questions were asked at the instance of the victim’s relatives from the concerned doctors. Cause of death was kept pending.
7. During investigation, the viscera report was received and it was opined that no poison or drug could be detected in the exhibits. The Histopathology samples were deposited at AIIMS and in the report it was opined that the skin from the wound sites did not show any signs of inflammation. The victim’s clothes and vaginal swabs were sent for examination to FSL, human semen was detected on the cut/torn pant and underwear of the deceased. The human semen was further sent for DNA profiling. Blood samples of both the landlord Raj Kumar and his brother-in-law Amit Sharma were collected and deposited with FSL Rohini on 16.12.2013 for DNA profiling. The report revealed that the DNA profiling (STR analysis) performed in the source of Ex.3a (panty of deceased) and Ex.3b (underwear of the deceased) and Ex.4 and Ex.5 i.e. blood samples of suspects Raj Kumar and Amit Sharma were not matching with the DNA profile from the source of Ex.3a and Ex.3b. Both, Raj Kumar and Amit Sharma were put to sustained interrogation. Polygraph tests were conducted on 27.12.2013 and 30.12.2013 but it yielded no result to implicate the landlord and his brother-in-law.
8. Learned Senior Counsel for the petitioners urged that the investigation has not been carried out in a fair and proper manner. From the very inception, the petitioners had suspected the involvement of the landlord and his brother-in-law for the sexual assault upon the victim and her murder. However, none of them was taken into custody for interrogation. The floor plan showed that the landlord and his brother
