NEW DELHI: Taking a fresh turn in a case that has remained unresolved for more than a decade, the Supreme Court, in its verdict has ordered a fresh investigation into the 2012 rape and murder of a 17-year-old girl at Belthangady, Dakshina Kannada, Karnataka.
A Bench comprising Justice Sanjeev Sachdeva and Justice Sanjay Kumar allowed the appeal filed by the mother of the deceased victim, Kusumavati Gowda, and set aside the Karnataka High Court's order of August 30, 2024 which had dismissed the petition seeking reinvestigation.
"The manner in which the investigation had progressed shocks the very conscience of the court. Injustice to a person falsely charged can be compensated, but injustice to a victim who has been brutally raped and murdered cannot be compensated," the court observed, in its 49-page judgement, accessed by the TNIE.
The bench reiterated that fair investigation is a constitutional right under Article 21, and that investigation must be fair, transparent and judicious.
It added that in exceptional circumstances a Constitutional Court can order fresh investigation to prevent miscarriage of criminal justice.
The Advocates who fought the case in the top court were; Senior advocates, Sobha Gupta, Shekhar G Devasa and Thashmitha Muthanna, Advocate.
In its verdict, the Supreme Court has directed the State of Karnataka to constitute a Special Investigation Team (SIT) headed by a senior police officer and comprising investigators experienced in modern investigative technology. Importantly, no officer associated with the earlier investigations by the Belthangady Police, CID or CBI can be part of the new SIT.
The deceased girl, aged approximately 17 years, was a second-year Pre-University student at Sri Dharmasthala Manjunatheshwara College, Dharmasthala.
On October 9, 2012, she left home for college and returned later in the afternoon and was last seen walking towards her house. When she did not return home, her family and local residents searched for her and a missing complaint was lodged with the Belthangady Police.
On October 10, 2012, her dead body was found in thick bushes near Mannasanka. The body was found in a half-naked condition, with one hand tied to a tree using part of her college uniform. The post-mortem indicated injuries, strangulation and sexual assault. Sections 376 (Rape) and 302 (Murder) of the Indian Penal Code (IPC) were subsequently added to the case.
The initial investigation was conducted by the Belthangady Police. Thereafter, in view of public outrage and the sensitivity of the case, the investigation was transferred to the CID of Karnataka and subsequently to the CBI, SCB Chennai.
The initial police investigation resulted in the arrest and prosecution of Santhosh Rao, who was alleged to have committed the rape and murder.
However, the family of the deceased consistently maintained that Santhosh Rao had been falsely implicated and that other persons ought to have been investigated.
The investigation was subsequently transferred to the CID and then to the CBI. The CBI also ultimately filed a charge-sheet against Santhosh Rao and gave a clean chit to three persons who had been specifically suspected by the victim's family.
During the trial, the family of the victim sought the inclusion of Mallik Jain, Dhiraj/Deeraj Jain and Uday Jain as additional accused.
On June 16, 2023, the Sessions Court acquitted Santhosh Rao of offences under Sections 376, 302 and 201 (Destruction of evidence) of the IPC.
