Get SC, HC div bench nod for fresh probe: Judge asks parents
Times of India | 25 December 2024
123 Kolkata: The Calcutta High Court on Tuesday advised the parents of R G Kar victim to seek clarification from an appropriate forum (regarding their plea for further probe in the case. The matter will be taken up on Jan 15.
During the hearing before Justice Tirthankar Ghosh, CBI counsel Rajdeep Majumdar submitted that they submitted three status reports to the Supreme Court pursuant to the submission of the charge sheet. It was also pointed out that the SC and the division bench of HC are in seisin of some of the issues associated with the probe.
Taking these submissions into consideration, the single judge was hesitant over the ‘lack of judicial discipline' and asked the counsel representing the parents to get clarification before going into the merits of the case. The parents, aggrieved by the manner in which the further probe is in progress, intended to canvass the issue which was never considered by the probe agency.
The parents, in the writ petition, also attached a crime scene examination report by the Central Forensic Science Laboratory (CFSL). The report stated, "There is less possibility that someone (in the presence of the official attendees present in the 24x7 operational hospital corridor, doctor's duty-nursing station area) can enter into the seminar hall unnoticed, for committing offence."
The CFSL report could not find any sign of struggle on mattress on the wooden stage. This is where the victim was first seen lying in an "awkward position with naked legs". The report said evidence of possible struggle by the victim with her assailant was found missing in the area of occurrence. It also said except on the mattress, no biological stains could be detected on, around, or underneath the wooden stage or wooden table nearby. There was no biological stain found on the floor of the place of occurrence too. A few long hair strands were recovered from the wooden table and mattress. Results of CFSL Kolkata and Chandigarh corroborated that some short hair strands found at the place of occurrence were of Sanjay Roy — the prime accused.
The parents questioned why there was no probe on the basis of crime scene examination report by CFSL.
"It is suspicious as to why the names of Abhijit Mandal, being the SHO, Tala PS, and Sandip Ghosh, being the then principal, have not been implicated as accused despite their names being recorded to have been involved in attempting to hush the matter," the petition said. They further questioned why call recordings did not find a place in the charge sheet and why the "woman who called claiming to be assistant super (non-medical) of RG Kar" was not made an accused.
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