New Delhi: The Supreme Court on Wednesday sharply criticised the Central Bureau of Investigation (CBI) over its handling of the 2012 rape and murder case of 17-year-old Soujanya in Dharmasthala, observing that the agency had failed to conduct an independent investigation. The court indicated that it may permit the Karnataka government to constitute a Special Investigation Team (SIT) to carry out a fresh probe and reserved its judgment on a plea seeking a de novo investigation.
Supreme Court questions CBI investigation
A Bench comprising Justices Sanjay Kumar and Sanjeev Sachdeva heard the plea seeking a fresh investigation into the case following the acquittal of the accused.
During the hearing, the Bench expressed dissatisfaction with the manner in which the CBI had conducted its investigation.
The judges observed that the investigating officer had relied on material collected during earlier investigations instead of carrying out an independent probe.
The Bench remarked that the investigating officer had effectively acted like a judge by assessing previously collected evidence rather than independently gathering fresh material.
Court points to alleged lapses in probe
The Supreme Court also questioned the CBI over what it described as significant shortcomings in the investigation.
The Bench noted that the agency had allegedly failed to visit the crime scene and had not recorded the statement of the victim’s mother during its investigation.
Expressing concern over the handling of the case, the judges observed that the alleged lapses reflected poorly on the investigation into a serious crime involving the rape and murder of a minor.
Fresh SIT probe sought
Senior advocates appearing for the petitioner argued that the investigations conducted by the state police, the Criminal Investigation Department (CID) and the CBI contained serious deficiencies.
They urged the court to order a fresh investigation by an independent Special Investigation Team, suggesting that it be supervised by a retired Supreme Court judge.
The petitioner contended that a comprehensive reinvestigation was necessary to ensure justice in the case.
State willing to investigate
During the hearing, Karnataka Additional Advocate General Avishkar Singhvi outlined the sequence of investigations, explaining that the case had initially been investigated by the state police, followed by the CID, before being transferred to the CBI.
The Supreme Court observed that if the Karnataka government was prepared to undertake a fresh investigation, there was no reason to doubt its bona fides.
The Bench also indicated that the CBI may no longer be the appropriate agency to continue handling the matter.
CBI opposes reinvestigation
Representing the CBI, counsel argued that the agency had taken over the investigation in 2013 and filed its charge sheet in 2015.
The agency submitted that ordering a fresh investigation after the completion of the trial could unsettle established principles of criminal jurisprudence.
Responding to the submission, the Bench questioned whether the CBI was suggesting that no fresh evidence could be gathered after the passage of several years.
The court then reserved its judgment and stated that it would issue appropriate directions after considering all submissions.
Background of the case
Soujanya, a 17-year-old girl, was allegedly raped and murdered in Dharmasthala in 2012.
In June 2023, the trial court acquitted the accused after holding that the prosecution had failed to establish the charges beyond reasonable doubt. The court also directed action against officials responsible for lapses in the investigation.
Subsequently, the Karnataka High Court observed that the matter warranted reinvestigation.
During the latest hearing, the Supreme Court was informed that the victim’s belongings have been preserved, making fresh forensic and DNA examination possible if a new investigation is ordered.
The court also noted submissions that the state had provided protection to witnesses, some of whom were reported to have died under unexplained circumstances.
Judgment reserved
The Supreme Court has reserved its verdict on the plea seeking a fresh investigation.
Its final order is expected to determine whether a Special Investigation Team will be constituted to reinvestigate one of Karnataka’s most high-profile unresolved criminal cases.
Conclusion
The Supreme Court’s strong observations have once again brought the Soujanya case into focus, with the Bench expressing serious concerns over the CBI’s investigation. The court’s forthcoming decision on whether to order a fresh SIT probe could have significant implications for the long-pending pursuit of justice in the 2012 case.