Jaynagar rape and murder: Calcutta High Court directs autopsy at AIIMS, addition of POSCO charges

The Calcutta High Court Sunday directed that the postmortem examination of a minor child, who was allegedly raped and murdered in the Jaynagar area of West Bengal, be conducted at the All India Institute of Medical Sciences in Kalyani.

Justice Tirthankar Ghosh also directed the police to invoke the relevant provisions of the Protection of Children from Sexual Offences Act (POCSO Act) in the case.

“This Court, prima facie, is of the opinion, that at the initial stage of investigation prior to the post mortem examination having been conducted, the inquest report suggest acts of sexual offences being committed upon the person of the deceased, so appropriate provisions of law under relevant statutes should have been incorporated by the investigating agency,” the Court said.

Additional Chief Judicial Magistrate at Baruipur was also directed to remain physically present when the post mortem examination is conducted.

"Needless to state that in ordinary course of events, the Magistrate although cannot interfere with an investigation, she/he is empowered to monitor the investigation," the Court said.

It was also ordered that the parents of the victim be kept updated during the process.

"If a request is advanced by the father and the mother of the deceased for observing the proceedings virtually when the post mortem examination is being conducted, in that case the investigating officer would make an arrangement outside the room where the post mortem examination is being conducted. If the parents are not at all interested, they may be provided a place which is segregated outside the room where they will feel comfortable and this Court requests the doctor, conducting the post mortem examination of AIIMS, Kalyani, that after completion of post mortem examination they would inform/interact with the parents of the deceased."

The body of the nine-year-old girl was discovered in the Mahismari area of Jaynagar in the early hours of October 5.

Later in the day, a Judicial Magistrate turned down the police request for conducting post mortem examination in presence of a Judicial Magistrate at Mominpur Police Morgue Hospital.

The State government then moved the High Court to challenge the trial court order. However, it gave up the challenge and decided to come in support of the demand made by the victim's father that the postmortem be conducted at a central government hospital.

The Court will hear the matter next on October 8.

Advocate General Kishore Dutta, Public Prosecutor (PP) Debasish Roy, Addition PP Rudradipta Nandy and advocate Sanjana Saha appeared for the State.

Deputy Solicitor General Dhiraj Trivedi and advocate Bankim Pal appeared for the Union of India.

Advocates Billwadal Bhattacharyya, Chandan Kumar Saha, Gautam Sardar, Bhaskar Bhattacharyya, Apurbo Mondal, Dibakar Biswas, Raj Sharma, Pradip Kumar Mondal appeared for the opposite party.

Advocates Samim Ahmed, Chandan Hossain, Rajit Lal Moitra, Arnab Sinha, Arka Ranjan Bhattacharyya, Arya Bhattacharyya, Ambiya Khatun and Enamul Islam appeared for the family member of minor victim.

[Read Order]