Chennai:
Madras High court has ordered a re-investigation by CB-CID into the alleged gang-rape of speech and hearing impaired minor girl on December 25 last year and quashed the final report of offences filed before special court.
Turning down the plea of the girl’s father M Veerabatharappa for a CBI probe, the judge observed that the petitioner’s conduct is suspect and prima-facie it appears that he has trumped up false charges of rape against his neighbours who are still languishing in jail.
The father has alleged that his minor girl was allegedly gangraped by four persons on December 25 evening.
The judge observed that the local police investigation appears to be swayed by public opinion and re- investigation is imperative.
“This is not a fit case to transfer the investigation to the CBI but it will serve the interest of justice if the final report is quashed and re-investigation is ordered.
“When once final report is quashed, the accused will be entitled to be released on statutory bail under section 167 (2) as they are in jail for the last nine months,” the judge observed.
Rejecting all reliefs claimed by petitioner, the judge in his order has stated that the court was constrained to smell the rat after medical examination by Dr Girija, assistant surgeon, government Dharmapuri Medical College, on February 1, 2015 found abrasions over the victim’s body and found conditions favouring sexual assault. “ The doctor has observed that this could be possible a week before her investigation of the victim,” the judge stated.
“The girl was examined twice once by Dr S P Nandini ( January 1, 2015) and another time by Dr B Poornima ( January 7, 2015) who found there were no injuries found on the body of the girl and there were no signs of sexual assault,” the judge observed. “Even the chemical examination of the dress did not detect semen or blood in the garments worn by the victim, he observed.
“The girl was examined by five persons and to none of these persons, the girl has complained of rape but the petitioner is insisting that his daughter was subjected to rape and has been crying from the rooftop for justice,” the judge said.
“This court cannot blame the Press, NGOs or the members of the political parties or the lawyers who appeared for the petitioner, because, when a father goes and complains that his deaf and dumb daughter is raped, anyone’s heart will naturally bleed. But neither police investigation nor judicial enquiry can in any way be influenced by extraneous factors, for, they are required to perform their statutory duties passionately, ” the judge said.
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