Ajai Lamba, CJ
1. Heard Mr. H.K. Das, learned Standing Counsel, Gauhati High Court, appearing for the petitioner. Also heard Mr. B.D. Goswami, learned
Additional Advocate General, Arunachal Pradesh assisted by Mr. Arun Chandran, learned Additional Senior Government Advocate, Arunachal
Pradesh for Respondents No.1 to 3.
2. The Court proceedings have been conducted by means of creating a Virtual Court with the help of technology, so as to maintain distance between
the staff, Advocates and the Presiding Judge.
3. This High Court took suo moto notice of news articles published in the ‘Assam Tribune’; ‘The Telegraph’ and ‘Times of India’,
all of 8th June, 2019. As per news report, the National Commission for Protection of Child Rights and Assam State Commission for Protection of
Child Rights, had appealed to the Home Ministry to take immediate steps to ensure proper investigation of unnatural death of a 12 years old girl in
Arunachal Pradesh, Naharlagun.
It was reported that the girl whose parents originally hail from Dolahat Tea Estate area of Assam, Lakhimpur District, was found hanging on May, 20,
2019. She along with family members used to work in Naharlagun.
4. On this Court taking judicial notice, it appears that action has been taken by the police of Arunachal Pradesh. Affidavit of Shri Tumme Amo, the
then Superintendent of Police, Capital Itanagar, Arunachal Pradesh, sworn on 11th November, 2019, has been filed detailing the progress in
investigation of the case.
5. This Court, therefore, by suo moto action took cognizance of alleged lapses in investigation conducted in regard to alleged rape and unnatural death
of a minor girl.
6. Gist of the affidavit is that telephonic information was received from the house of Shri Techi Kaso on 20th May, 2019 at 0657 hours that daughter
of his watchman had committed suicide by hanging at his residence in the village. By the time the police reached, the dead body had already been
brought down and taken to the house of Shri Jogeshwar Nag, the father of the deceased. Photographs of the dead body were taken. Inquest
proceedings were conducted.
On inspection of the guest room, where the body was found, the door was already found to be broken open. The alleged dupatta of which ligature
mark might have been caused had been burnt by Shri Jogeshwar Nag, father of the victim. Shri Jogeshwar Nag and other family members refused to
register FIR, despite request, instead gave a written declaration that they are not willing to lodge FIR and insisted that they did not suspect any foul
play and were not ready for getting postmortem examination conducted owing to sentiment and advice of the community. A request was made that
last rites be performed to be conducted as per catholic norms.
In such situation, the Sub-Inspector L. Buni returned to police station.
7. It appears that no action was taken, although evidently a young girl had died on account of either homicidal or suicidal causes, which fact was
evident through inquest proceedings. Inquest proceedings do indicate that ligature mark was seen on the neck of the deceased and cause of death
appears to be suicide by hanging/death due to hanging. Cognizable offence having been committed, it was the duty of the investigating agency to
register the FIR and conduct investigation.
8. Be that as it may, it appears that on 1st June, 2019, a team of National Commission for Protection of Child Rights (hereinafter referred to as
‘NCPCR’) met the parents of the deceased. On written information being given by Shri Jogeshwar Nag that on 0430 hours to 0500 hours, he
found his daughter ‘A’, aged about 14 years, hanging from a ceiling fan with dupatta in a room which had been bolted from inside on the second
floor of the house of Shri Techi Kaso, U.D. Case was registered being NLG PS UD Case No.05/19 under Section 174 Cr.P.C.
Later the said case was re-endorsed to SI K. Dev, on transfer of earlier investigating officer. A letter was served on Superintendent of Police, Capital
Complex, Itanagar by NCPCR, New Delhi while recommending some steps to be taken.
NCPCR, New Delhi was informed about the action taken in the matter by Superintendent of Police, Capital Complex, Itanagar.
9. Be that as it may, on persuasion, procedural lapses were enquired into. Departmental inquiry has been instituted against the erring earlier
investigating officers; and criminal case vide NLG PS Case No.109/19 under Section 221/34 IPC has been registered. The said case is being
investigated by Special Investigation Team (Crime Branch, PHQ, Itanagar). The services of earlier investigating officers were placed under
suspension. Subsequently, the suspensions were revoked, without prejudice to departmental enquiry.
10. Progress in investigation has been indicated by way of examination of CCTV footage; exhumation of the body; taking photographs of the place of
incidents and recording statements of various witnesses.
The facts that emerge are that driver of Shri Techi Kaso, Shri Sanu Biswakarma admitted to having an affair with the victim ‘A’. He conceded
the fact that he had sex with the victim a number of times. However, he revealed that on the date and time of the incident, no such sexual act was
performed.
11. Postmortem examination report on the exhumed body indicated that “cause of death could not be ascertainedâ€.
So far as sexual incident, immediately before the death is concerned, CFSL, Hyderabad vide the report dated 9th September, 2019 opined that no
foreign body/product of conception/foetus could be found. Hence, DNA analysis was not considered.
12. The finding revealed that the victim ‘A’ had committed suicide on 20th May, 2019 in between 0500 hrs to 0600 hrs, which fact is clearly
established by CCTV footage and statement of witnesses.
Since the dupatta had already been burnt, the ligature mark could not be connected with the same.
So far as the age of the victim is concerned, it was found to be in between 13 to 15 years.
All the witnesses examined revealed that the victim had not been employed as a maid at the residence of Shri Techi Kaso.
Her father Shri Jogeshwar Nag had been working in the house of Shri Techi Kaso for the last about 25/30 years.
The victim used to come to the house of Shri Techi Kaso and had befriended the family members and other maid servants and had love affair with
Shri Sanu Biswakarma. This conclusion can also be drawn from Call Details Record Examination. Also Shri Sanu Biswakarma had confessed before
the police that he had sexual intercourse with the deceased on three occasion in the past, a few months before the occurrence.
The investigation is said to be pending only awaiting CFSL report on CDR/CCTV footage.
13. Considering the investigation conducted till date, as per the report submitted through affidavit by Shri Tumme Amo, Superintendent of Police,
Capital Complex, Itanagar, Arunachal Pradesh, we find no reason to keep this petition pending. This is also because the Court has been assured that
Section 305 I.P.C. and other penal provisions that are attracted in case of rape and such death have been invoked.
14. The petition is disposed of, however, with direction to Director General of Police, Arunachal Pradesh to personally ensure that the Special
Investigation Team constituted for the purpose of investigation of the alleged rape and murder of a minor girl is concluded at the earliest. The CFSL
Agency, where the report is pending be contacted so as to ensure receipt of reports at the earliest.
15. Disposed of with above noted directions.
16. Let a copy of this order be forwarded to Principal Secretary (Home), Arunachal Pradesh and Director General of Police, Arunachal Pradesh.
