Bombay HC Transfers 2010 Vasai School Girl Death Case To CBI, Citing ‘Too Many Loose Ends’ In Probe
· Free Press Journal
Mumbai, Feb 20: Observing that there were “too many loose ends” in the probe into the unnatural death of a 13-year-old girl in August 2010, the Bombay High Court has transferred the investigation to the Central Bureau of Investigation (CBI).
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The court was hearing a petition filed by the girl’s father seeking an independent probe, alleging foul play in what was initially treated as an accidental death.
The High Court had earlier, in March 2011, shifted the investigation from Manikpur Police Station, Vasai, to the State CID. However, citing lack of progress and dissatisfaction with the findings, the father filed a fresh plea.
Incident at Tungareshwar Hills
The girl, a Class VIII student, had gone to Tungareshwar Hills on August 27, 2010, along with 150 students and four teachers. According to the school, heavy rain caused a sudden surge in a stream where students were playing, and she was swept away by the strong current. Her body was found downstream about two hours later, lying on rocks — without clothes.
An Accidental Death Report was registered at Manikpur Police Station based on information provided by a teacher. The police subsequently registered an FIR for murder and rape.
Conflicting medical opinions
The post-mortem conducted the following day indicated a possibility of sexual assault. However, a panel of doctors from Sir J.J. Group of Hospitals, relying on a video recording of the autopsy, opined that there was no evidence of sexual assault and that the injuries were consistent with being swept away by water and hitting stones.
In March 2011, based on the father’s petition, the HC transferred the probe to the State CID. The CID later filed a ‘C’ Summary Report in 2013 stating that no offence was made out.
The Magistrate rejected this report, following which the present petition was filed. Even a Special Investigation Team constituted in 2023 reiterated the accidental death theory.
The State opposed the petition, stating that three teams had “sincerely” investigated the case and that all of them concluded it was an accidental death and not sexual assault, adding that the clothes could have come off due to the force of the water.
Court cites gaps in investigation
A bench of Justices Sarang Kotwal and Sandesh Patil, on February 10, however, rejected the State’s opposition to the transfer plea and noted: “It is quite obvious that a long period has gone by and it would be very difficult to get the evidence. But there are certain circumstances which require serious consideration of this prayer made by the Petitioner.”
“Thus, we find that there are too many loose ends in the investigation and that they (the police) proceeded on the sole premise of accidental death. They did not even consider the serious possibility of the offence being one of rape and murder,” the court observed, adding: “No investigation was carried out from that angle at all. Not finding the clothes on the dead body was also an important aspect which needed to be investigated seriously.”
The bench also noted that “a clear opinion was expressed” that prior to and within 24 hours of her death, she was subjected to sexual intercourse. “This particular opinion was very important, which unfortunately was not given sufficient importance by any of the investigating officers. Instead, they relied on the statements of doctors who had not seen the post-mortem examination,” the bench added.
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