JUDGMENT

S. K. MISHRA, J. -In this appeal, the appellant assails the judgment passed by learned Single Judge in W.P. (Crl.) No. 541 of 2010 on dated 30.09.2011 refusing the prayer of the appellant to entrust the investigation of a criminal case bearing Khaira P.S. Case No. 74 of 2010 to an independent agency.

2. On 19.06.2010 one Bholanath Rout of village Kabar, which situates within the jurisdiction of Khaira Police Station in the district of Balasore, lodged a written report before the O.I.C., Khaira Police Station alleging that on 18.06.2010, at about 9.30 P.M., he received a telephonic call from cell No. 8984374205 from an unknown person. The said unknown person threatened that he would kidnap the informant's daughter and finish her. He did not disclose his name even though the informant insisted on it. On the next date, at about 6.30 A.M., he took food with his daughter, Swarnaprava, aged about 15 years and left for Suakathi Mines at Keonjhar where he works. On the same time, at about 12.10 P.M., he received telephonic call from his wife, who informed him that at 12.00 noon, Lipu Nayak and Babu kidnapped Swarnaprava on a motorcycle. About 5 to 10 minutes thereafter, the miscreants threatened his wife saying that they would rape and murder her daughter. They abused her in obscene language and threatened to murder her. At about 3.30 P.M., one Khiradri informed the wife of the informant over telephone that Swarnaprava lost her senses and requested her to take to her house. Immediately, the mother of Swarnaprava arranged a vehicle and took Swarnaprava to Khaira hospital where she was declared dead. It was alleged in the FIR that the miscreants took a pair of golden Kanaphula, a locket and a pair of silver paunji from Swarnaprava, which she was wearing. Furthermore, it is alleged that Laxmidhara Jena and his wife instigated the miscreants to kidnap Swarnaprava. On receipt of the FIR, the OIC, Khaira Police Station registered P.S. Case No. 74 of 2010 under Sections 363, 294, 507, 379/34 of IPC. Subsequently, on the direction of Superintendent of Police, Balasore, the offence under Section 364 of the IPC was added to it.

After death of Swarnaprava, Khaira P.S. U.D. Case was registered and, on the next date, the Investigating Officer went to Khaira P.H.C. where the dead body of the deceased was lying and conducted inquest in presence of witnesses. During inquest, injury on the right breast was noticed and froth on the nostrils was found. The vagina of the deceased was found inflamed with blood like substance on it. After completion of inquest, the Investigating Officer sent the dead body of the deceased to the C.H.C., Soro for autopsy. Dr. D.K. Sarangi conducted autopsy over the dead body. As per the post mortem, no external injury was found on the dead body and the cause of death could not be ascertained. However, viscera were collected from the dead body and were sent for chemical examination. After receipt of the viscera report, the doctor could not ascertain the cause of death.

3. Learned Single Judge, while disposing of the writ petition (criminal) filed by the petitioner, relied upon the statement of Khiradri recorded under Section 161 of the Code of Criminal Procedure, 1973, hereinafter referred to as "the Code' for brevity, and the autopsy' report and held that there is no sign of forcible intercourse on the deceased and, hence, the learned Single Judge held that the investigation was proper and does not warrant any change of the investigating agency. In the meantime, charge-sheet has already been submitted against the accused persons.

4. In course of hearing, learned counsel for the appellant argues that in view of the inquest report, which indicates that there were injuries on the right breast of the dead body and vagina was found to be inflamed with blood like substance, the doctor has not conducted autopsy properly on the dead body of the deceased. Further, it is submitted that the informant lodged in the FIR that the mi