This is a revisional application, inter alia, praying for further
investigation or de novo investigation into Hariharpara P.S. Case No.
36/2024 dated 27.01.2024 under Sections 363/302/34 of the IPC and 4 and
6 of the POCSO Act corresponding to C Special Case No. 31 of 2024 pending
before the Learned Special Court, POCSO Act, Berhampore, Murshidabad.
2. Learned counsel appearing on behalf of the petitioner has submitted as
follows. The 13-year-old daughter of the petitioner went missing on
22.01.2024 at around 8 PM. Despite all efforts to find her, she could not be
located, compelling her to lodge a complaint on 24.01.2024, upon which
Hariharpara Police Station Case No. 35/2024 was registered. Shockingly, on
27.01.2024 at around 1 PM, her daughter’s dead body was discovered in a
field in a decomposed condition with severe injuries, and her mobile phone
was missing. A second FIR, being Hariharpara P.S. Case No. 36/2024, was
then registered for offences under Sections 363/302/34 of the IPC. After her
body was sent for postmortem to Murshidabad Medical College & Hospital, it
was found that several injuries were not mentioned in the report, prompting
her to approach this Court through WPA 3364 of 2024. This Court was
pleased to direct a fresh postmortem at SSKM Hospital, Kolkata, and further
directed the police to add the relevant POCSO sections, which the police had
failed to include despite clear evidence of sexual assault. Subsequently after
the order of this High Court it was added. Even after the SSKM report, the
investigation remained superficial, and though a chargesheet (C.S. No.
173/2024 dated 05.04.2024) was filed, it was evidently the product of a
negligent and biased inquiry. Throughout the investigation, the petitioner
and her family have faced continuous pressure from the accused persons
and their associates. On 18.07.2024, the petitioner had to lodge a complaint
against the Learned Public Prosecutor, who attempted to coerce her into
withdrawing the case with threats and monetary inducements. The police
have failed to recover her daughter’s mobile phone, did not identify the place
of occurrence, ignored crucial call records and tower locations, and shielded
politically influential persons, including the father of the main accused and
the local MLA whom she had specifically named in her statement under
Section 164 Cr.P.C. Given the political influence, intimidation, and the
deliberate lapses in investigation, it has become clear to the petitioner that a
fair and impartial probe cannot be expected from the local police. The
chargesheet is incomplete and compromised, and even her plea for
reinvestigation was rejected by the Learned Trial Court on the ground that
such relief can only be sought before this Court. Therefore, the petitioner was
constrained to seek the intervention of this Court to set aside the defective
chargesheet and direct a fresh, independent investigation by the CBI so that
justice for her daughter may finally be secured. The daughter of the
petitioner had a mobile phone with her having number 8609198136 and the
same was not recovered by the Police authority. There are several lacunas in
the investigation. The same are being pointed as follows. a) Mobile phone of
the victim has not been recovered; b) In chargesheet at Item No.21 police has
mentioned about 2 phone numbers but owners of those has not been made
an -accused/witness; c) Place of occurrence is still not identified; d) The main
accused was shown as juvenile without any proper medical document
and/or ossification test; e) The father of the main accused is in custody, but
he was not arrested by the police initially inspite of knowing everything, the
petitioner went to the office of the Superintendent of Police and as per her
information he was arrested but strangely police did not take him in police
custody for interrogation. From this the intention and action of the police is
clear; f) Father of the main accused i.e., Rintu Khan @Kalu is booth
president of TMC and close aide of the local MLA. He is very close to Ex Zila
Sabhadhipati who is present Purta Karmadhakya of the District and for his
political connection, Police is trying to save that accused; g) Police has phone
numbers of the victim, the accused persons, local political leaders and easily
they could get the real picture by using tower dumping technology but the
same was not used and strangely CDR were not scrutinized properly; h) It is
the specific information of the petitioner that phone number of her daughter
was switched off around 8.15PM, the police could easily find out the tower
location but they did not; i) In her statement recorded under section 164
Cr.P.C she had specifically named a few persons including local MLA but no
step was taken against them and they have not been made accused and/or
witness even and it shows that the whole investigation is fully compromised;