Chennai: The Madras High Court today said the case of alleged rape of a minor girl was not a fit one to transfer to CBI and directed reinvestigation by the Crime Branch-CID, holding that prima facie it appears that the victim’s father had trumped up false charges of rape against his neighbours who are languishing in jail.
Justice P.N.Prakash said the Supreme Court has held that when once the final report is filed, transfer of investigation should not be routinely ordered by the court.
“… “yet in the peculiar facts and circumstances of the case, when the petitioner’s conduct itself is suspect and prima facie it appears that he has trumped up false charges of rape against his neighbors who are still languishing in jail, and further local police investigation appears to be swayed by public opinion, reinvestigation is imperative.”
The girl’s father had filed a petition seeking transfer of investigation to CBI.
The judge said this was not a “fit case” to transfer the investigation to CBI but “will serve the interest of justice” if the final report was quashed and reinvestigation done by CB-CID, known for its professional competency.
“When once final report is quashed, the accused will be entitled to be released on statutory bail under Section 167(2) of CrPC,” the judge said.
After quashing the final report on the file of the Special Judge Fast Track Court (Mahila Court), the judge said the case on the file of the DSP, Krishnagiri, is transferred to CB-CID.
The hearing and speech impaired 13-year-old girl was allegedly raped on December 25 last year by four of her neighbours. The petitioner alleged that police had botched up the probe and sought various reliefs including transfer of the probe to CBI for fresh investigation.
The prosecution said a SI had recorded the statement of the petitioner Veerabadrappa who alleged that an altercation had taken place with his neighbour Muthappa over the petitioner’s pet dog urinating in the latter’s house.
Subsequently, he found his daughter missing and after a search found her in a semi-conscious state. Through sign language, she told him that at about 18.00 hours on December 25 last year, while returning from a field, four perons, including Madhappa and Muthappa, had assaulted her.
They were arrested on January 1 this year.
“Despite the grouse of the petitioner, police have now arrested the four accused, as desired by the petitioner, and have filed a final report against them for POCSO offence before the special court, which is now pending, the petitioner is not happy with this and he wants all the four accused to be prosecuted for the rape of his daughter.”