New Delhi: The Supreme Court on Monday flagged that there was at least 14-hour delay by Kolkata Police in registering FIR in rape and murder of a trainee doctor at the at the RG Kar Medical College in Kolkata. The CBI expressed its apprehension in relation to the destruction of evidence and said who collected the forensics samples has emerged as an important question.
A three-judge bench led by Chief Justice of India D Y Chandrachud and comprising justices J B Pardiwala and Manoj Misra asked the CBI to file a fresh report in the case next Tuesday.
The CJI said it is very clear that there was at least 14 hours delay in filing of the FIR in the case and asked the West Bengal government, "What steps have been taken by it for the security of doctors, nurses, and paramedical staff?"
Solicitor General Tushar Mehta, representing the CBI, said in a rape and murder case, first five hours are crucial and it is a challenge if they enter the investigation after five days'.
Mehta said, “The first five hours is the period where you have to cordon off the area. You cannot have ingress and egress. Who wants to come and go. They take pictures, evidence is destroyed and thereafter, after five days we enter, we have our own challenges…”.
The CJI said, the first question we asked was, has the CCTV footage been handed over to the CBI? West Bengal counsel said it has been handed over. The bench said CBI has been handed over footage of 27 minutes pertaining to the search operation and the inquest thereafter has taken place. “We want to know whether you are in possession of the complete sequence of the CCTV, between the time the accused leaves the hall….”, bench asked the CBI
Mehta said the CCTV shows the accused entering. “Who else entered after the accused entered…look (CBI) into these aspects and tell us on next date….”, said the bench.
During the hearing, the CBI voiced its concern in connection with the forensic report in the case and said "who collected the samples" has emerged as a relevant question.
Mehta said, “something according to me is very serious…we have the forensic examination report but one thing is admitted when the girl was found at 9:30 AM…., her jeans and undergarments were removed and lying nearby... semi-nude and injury marks also on the body and other areas“. Mehta said they (state officials) have the sample and they have sent it to CFSL in West Bengal and this is the result.
“Please see this, it is serious and the CBI has taken a decision to send the samples collected to AIIMS and other central forensics science laboratories. The person enters, the body parts are not covered. The girl laid nude. There are injury marks. This is the result of the FSL. Therefore, who took the samples becomes relevant”, said Mehta.
The apex court also sought clarification from the West Bengal government, regarding the time when the unnatural death entry regarding the victim was documented.
Senior advocate Kapil Sibal, representing the West Bengal government, said the death certificate was given at 1:47 pm and an unnatural death entry was at 2:55 pm at the police station.
The apex court has scheduled the matter for further hearing next Tuesday.
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