The court emphasized the importance of conducting a thorough and timely investigation in cases of alleged rape and unnatural death of a minor girl.

JUDGMENT

Ajai Lamba, C.J - Heard Mr. H.K. Das, learned Standing Counsel, Gauhati High Court, appearing for the petitioner. Also heard Mr. B.D. Goswami, learned Additional Advocate General, Arunachal Pradesh assisted by Mr. Arun Chandran, learned Additional Senior Government Advocate, Arunachal Pradesh for Respondents No.1 to 3.

2. The Court proceedings have been conducted by means of creating a Virtual Court with the help of technology, so as to maintain distance between the staff, Advocates and the Presiding Judge.

3. This High Court took suo moto notice of news articles published in the Assam Tribune ; The Telegraph and Times of India , all of 8th June, 2019. As per news report, the National Commission for Protection of Child Rights and Assam State Commission for Protection of Child Rights, had appealed to the Home Ministry to take immediate steps to ensure proper investigation of unnatural death of a 12 years old girl in Arunachal Pradesh, Naharlagun.

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It was reported that the girl whose parents originally hail from Dolahat Tea Estate area of Assam, Lakhimpur District, was found hanging on May, 20, 2019. She along with family members used to work in Naharlagun.

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4. On this Court taking judicial notice, it appears that action has been taken by the police of Arunachal Pradesh. Affidavit of Shri Tumme Amo, the then Superintendent of Police, Capital Itanagar, Arunachal Pradesh, sworn on 11th November, 2019, has been filed detailing the progress in investigation of the case.

5. This Court, therefore, by suo moto action took cognizance of alleged lapses in investigation conducted in regard to alleged rape and unnatural death of a minor girl.

6. Gist of the affidavit is that telephonic information was received from the house of Shri Techi Kaso on 20th May, 2019 at 0657 hours that daughter of his watchman had committed suicide by hanging at his residence in the village. By the time the police reached, the dead body had already been brought down and taken to the house of Shri Jogeshwar Nag, the father of the deceased. Photographs of the dead body were taken. Inquest proceedings were conducted.

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On inspection of the guest room, where the body was found, the door was already found to be broken open. The alleged dupatta of which ligature mark might have been caused had been burnt by Shri Jogeshwar Nag, father of the victim. Shri Jogeshwar Nag and other family members refused to register FIR, despite request, instead gave a written declaration that they are not willing to lodge FIR and insisted that they did not suspect any foul play and were not ready for getting postmortem examination conducted owing to sentiment and advice of the community. A request was made that last rites be performed to be conducted as per catholic norms.

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In such situation, the Sub-Inspector L. Buni returned to police station.

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7. It appears that no action was taken, although evidently a young girl had died on account of either homicidal or suicidal causes, which fact was evident through inquest proceedings. Inquest proceedings do indicate that ligature mark was seen on the neck of the deceased and cause of death appears to be suicide by hanging/death due to hanging. Cognizable offence having been committed, it was the duty of the investigating agency to register the FIR and conduct investigation.

8. Be that as it may, it appears that on 1st June, 2019, a team of National Commission for Protection of Child Rights (hereinafter referred to as NCPCR ) met the parents of the deceased. On written information being given by Shri Jogeshwar Nag that on 0430 hours to 0500 hours, he found his daughter A , aged about 14 years, hanging from a ceiling fan with dupatta in a room which had been bolted from inside on the second floor of the house of Shri Techi Kaso, U.D. Case was registered being NLG PS UD Case No.05/19 under Section 174 Cr.P.C.

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Later the said case was re-endorsed to SI K. Dev, on transfer of earlier investigating officer. A letter was ser