A division bench of justices AM Khanwilkar and PD Kode were hearing a petition filed by Rajesh Pawar who has urged for a transfer of investigation to another agency.
The Bombay high court on Monday issued a notice to the superintendent of police, Thane (Rural), based on allegations by a father of a teenager that his case is not being properly investigated. The teenager in question was found dead in mysterious circumstances in Vasai.
A division bench of justices AM Khanwilkar and PD Kode were hearing a petition filed by Rajesh Pawar who has urged for a transfer of investigation to another agency.
On August 30, 2010, as part of scouts and guides camp, the class VIII student of Holy Cross High School, Nirmal, Nalasopara (West) had gone for a picnic to Tungareshwar hills. The students were accompanied by four teachers. Around 1:30pm, they realised that the girl was missing. By 5pm, the teachers learnt from locals that the girl’s body was floating in a nearby river in a naked condition, as per Pawar’s lawyers.
“Even if one assumes that she fell into the river from a height, there should have been injuries on her body. There were none,’’ said Shyam Marwadi, one of the two lawyers arguing on behalf of Pawar. The other lawyer being Shailesh Redekar. “Even if the body floated in the river, there is no way the clothes would be lost,” he added.
Marwadi said the police lodged a case of accidental death and also death due to negligence under section 304 (A) of the IPC. He told the court that an autopsy conducted by the Vasai Public Health Centre by three doctors had established rape.
“Thereafter, the police registered a case of murder and destruction of evidence but did not add the rape charge,” said Marwadi. The judges directed the SP to file his affidavit in reply to the petition and adjourned the matter.
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