Srinagar: The Jammu and Kashmir high court has left it to a magistrate in Bandipora to take a call on constitution of a special investigation team into the rape and murder of a woman in the north Kashmir district more than twenty-years ago.
Disposing of a petition filed by brother of the victim woman, the J&K High Court has ordered police to “forthwith” forward to the magistrate report about its investigation into the rape and murder.
In his plea, the woman’s brother had sought directions for constitution of a SIT into the gruesome incident and a bench of Justice Sanjeev Kumar ordered the magistrate to pass appropriate orders after police submits the report.
“Whatever be the outcome of investigation, the Investigating Officer concerned, should have forwarded the report in terms of Section 173 Cr.P.C to the Magistrate concerned, who alone should have taken appropriate decision thereon with regard to its closure or otherwise,” the court said.
The police in its reply before the court stated that the SHO of police station Sumbal Sonawari Bandipora conducted verification into the allegations of rape and murder of the woman.
During verification, it said, the statements of witnesses acquainted with the case were recorded and during verification it ‘appeared’ that the victim was raped by unknown gunmen and later on she became pregnant.
“It also emerged that the victim was tortured by unknown (gunmen) due to which she not only suffered miscarriage but also died on 5 December 1995. Police filed FIR (39 of 1995) under Section 302, 376, 316 RPC) and the matter was investigated.”
The investigating officer after recording statements of witnesses, visiting the spot and collecting the circumstantial evidences, proved she was murdered and raped. However, the unknown gunmen, who had committed the gruesome act, could not be identified or nominated by any of the witnesses examined during the course of investigation. The accused, thus, remained untraced.
Advocate P Imroz, responding to the statement on behalf of the petitioner, submitted that even if the accused have not been identified and have remained untraced, it was the bounden duty of the Investigating Officer to file the report in terms of Section 173 Cr.P.C before the Magistrate, who alone could have taken further decision with regard to the closure or otherwise of the case, keeping in view the settled legal position.
“In view of the conduct of police, brother of the victim lost confidence in the investigation and has, approached this Court for constituting a Special Investigation Team,” he said. After hearing both side, the court directed the police to file the report to magistrate immediately and asked the former to take appropriate decision.
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