Inadequate Probe Ignoring S.164 CrPC Statement On Sexual Assault Warrants Further Investigation: Calcutta High Court Orders Police To Add Relevant BNS Provisions - 2025-08-30

Calcutta High Court Orders Further Probe into Minor’s Death, Citing “Inadequate” Police Investigation

Kolkata: The Calcutta High Court has directed the West Bengal Police to conduct a further investigation into the death of a minor girl, citing significant lapses in the initial probe. A division bench of Justice Debangsu Basak and Justice Md. Shabbar Rashidi observed that the police had failed to adequately investigate serious allegations of sexual assault and blackmail that emerged from a statement recorded under Section 164 of the Criminal Procedure Code (Cr.P.C.).

The order came in an appeal filed by the victim's father, Tapas Kumar Goswami, a police personnel posted in Punjab. The appeal challenged a single-judge order dated July 22, 2025, concerning the investigation into his daughter's death by hanging while she was living with her paternal grandparents.

Background of the Case

The appellant, Tapas Kumar Goswami, challenged the quality of the police investigation into his daughter's death. The police had initially investigated the case under Section 306 of the Indian Penal Code (abetment of suicide) but submitted a report stating the probe yielded no "fruitful result" to prosecute any individual.

However, the appellant contended that crucial evidence pointing towards a more sinister crime had been overlooked.

Arguments Presented

The appellant's counsel argued that statements recorded under Section 164 Cr.P.C. from both the appellant and his wife clearly indicated that the victim had been subjected to penetrative sexual assault. It was further alleged that the perpetrators had filmed the act and were using the video to blackmail the young girl. The counsel strongly criticized the police for not pursuing these lines of investigation.

The submission highlighted specific failures, including the police's neglect to seize and examine the mobile devices of the persons named in the Section 164 statement, which could contain critical evidence of the alleged video and blackmail. The appellant also suggested that CCTV footage from the vicinity of where the post-mortem was conducted could reveal important information.

Representing the State, the learned advocate confirmed that the investigation was conducted under Section 306 IPC and that the police had filed a final report after finding insufficient evidence for a trial.

Court's Observations and Directions

After perusing the case diary, the division bench found merit in the appellant's submissions. The court noted the presence of the wife's statement under Section 164 Cr.P.C., which contained grave allegations of sexual assault and blackmail by named individuals.

"It does not appear from the case diary that the police investigated such line adequately. Police did not seize the mobile devices of the persons named in such statement recorded under Section 164 of the Criminal Procedure Code," the Bench observed.

Finding the investigation unsatisfactory, the court issued a clear directive for a deeper probe.

"In such circumstances, police will investigate the case. Police will add relevant provisions of the BNS on the basis of the statement recorded under Section 164 of the Cr.P.C. of the appellant and his wife as also the other materials in the case diary," the judgment stated.

The Court also directed the investigating authority to consider the appellant's submissions regarding the examination of CCTV footage and mobile devices during the further investigation.

Final Decision

While ordering a fresh investigation, the bench refrained from commenting on the substitution of the investigating officer or agency at this stage, leaving the point open for the single-judge bench to decide as the writ petition is still pending. The court requested the learned Single Judge to hear the main writ petition on the scheduled date.

The appeal (M.A.T. 1393 of 2025) was disposed of with these directions, paving the way for a more thorough inquiry into the tragic death of the minor.