Bombay HC Transfers Dowry Death Probe To CBI, Flags Lapses In Thane Police Investigation
· Free Press Journal
Mumbai, April 20: Citing "glaring discrepancies" and a "lackadaisical" approach by local police, the Bombay High Court has transferred the investigation into the 2023 death of a young woman to the Central Bureau of Investigation (CBI). The victim’s father alleges his daughter was murdered over dowry demands, while local police had treated the case primarily as a suicide.
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Court flags lapses in police probe
A bench of Justices Sarang Kotwal and Sandesh Patil ruled that the Kashimira police investigation in Thane district was riddled with inconsistencies that necessitated a "fair and effective investigation" by the central agency.
Allegations of harassment and suspicious death
The victim married in November 2021 but allegedly faced immediate harassment and physical assault by her husband and in-laws. According to the father’s plea, the abuse was so severe that it resulted in a miscarriage.
On February 23, 2023, the family was informed she had committed suicide. However, the father moved the court after noticing suspicious injury marks on her body and encountering police reluctance to register a murder charge.
Postmortem and forensic concerns
The High Court’s order highlighted several investigative failures, particularly regarding the postmortem. The medical officer involved admitted she lacked forensic expertise and could not definitively distinguish between suicide and homicide. She had requested the police to refer the case to the state-run JJ Hospital’s forensic department, but the request was ignored.
Furthermore, the court noted that the police failed to conduct an "in-camera" or video-recorded postmortem, despite the gravity of the allegations. "The postmortem examination was not conducted with the seriousness that it deserved," the bench observed.
Discrepancies in evidence and procedure
Significant discrepancies also emerged regarding the crime scene and timings. While police records showed the victim's odhani (scarf) was found on the bed, a photograph showed it hanging from a ceiling fan.
Additionally, the accused claimed they broke down the door to reach the victim, yet the spot panchanama (site inspection) showed no damage to the door. The court also found the timings on legal documents were likely manipulated to match the delayed registration of the Accidental Death Report (ADR).
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"All these discrepancies are undoubtedly significant," the court stated, ordering the Kashimira police to hand over all documents to the CBI immediately. The bench clarified that the CBI must investigate the crime independently, "without being influenced by the earlier investigation," and is authorised to file a supplementary chargesheet if necessary.
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