SC asks minor rape victim's mother to submit orders passed by Odisha HC

The Supreme Court on Thursday, 15 July 2021, asked the mother of a 5-year-old girl who was allegedly kidnapped, raped, and killed to place on record, the two orders passed by the Odisha High Court for perusal and to proceed in the case. 

A two-judge bench, comprising Justice AM Khanwilkar and Justice Sanjiv Khanna asked senior lawyer Mahesh Jethmalani, appearing for petitioner Saudamini Sahoo, to place the two orders passed by the High Court in the case, for further hearing tomorrow.

Saudamini Sahoo had knocked on the doors of the apex and sought a Central Bureau of Investigation (CBI) inquiry into her daughter's death. According to the lawyer, the issue in the case is whether it pertains to organ harvesting or rape and murder, as has been claimed by the State. He said the facts of this case completely contradict the second possibility.

On behalf of the state of Odisha, senior lawyer Kapil Sibal and Additional Solicitor General (AAG) Aishwarya Bhati appeared for the CBI before the top court. The incident took place in Odisha's Nayagarh in July last year.

The writ petition filed by Saudamini stated that on July 13, 2020, her daughter, was allegedly kidnapped, while playing outside her house. Nine days after the incident, on July 23, some pieces of her broken bones tied in a bag were found near the backyard of Biranchi Sahoo, one of the residents in the same locality.

The police officers were treating the victim's parents and her family members as criminals and have been completely insensitive towards their complaint, it said. The petitioner, Saudamini, was subjected to harassment and boycott by the society, as well as the law enforcement agencies, the petition filed by Jethmalani stated. The respondent is the premier investigating police agency, CBI. 

Petition claims police negligence

The petition further claimed that the victim's parents were picked up on July 26, and were forced to remain in custody for 12 hours without food and water, and were only dropped at midnight after being tortured and mentally harassed. Following the intervention of the Odisha HC on August 11, they got protection, it said.

The petitioner further claimed that the conduct of the Odisha state police indicated that they have vested interest in undermining the case as it had led to mass protest and the credibility of the police, crime branch, and SIT was at stake.

"The state police department cannot be entrusted with the investigation of the alleged offenses as their conduct in investigating of the said incident illustrates the fact that they are shielding the real accused persons and diverting the issue," the petition claimed. 

(With inputs from agency)