SrinagarThe Jammu and Kashmir High Court has ordered police to immediately and forthwith forward to a magistrate report about its investigation into the rape and murder of woman by unknown gunmen in 1995.
Disposing of a petition, seeking directions for constitution of a Special Investigation Team into the gruesome incident, a bench of Justice Sanjeev Kumar ordered the magistrate to pass appropriate orders thereafter.
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.
It was hearing a plea filed by the victims brother, who besides formation of SIT had sought direction to the police to complete the investigation of (FIR No.139/1995) and to file status report before the Court.
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, 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 and asked the former to take appropriate decision.
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