SC  Highlights Missing Post-Mortem Document in Kolkata Doctor's Rape and Murder Case

SC Highlights Missing Post-Mortem Document in Kolkata Doctor's Rape and Murder Case

During today's Supreme Court hearing of the Kolkata doctor's rape and murder case, a crucial document required for the post-mortem emerged as a point of contention. Chief Justice of India DY Chandrachud inquired about the whereabouts of the challan, emphasizing that an autopsy cannot proceed without it.

Senior Advocate Kapil Sibal, representing the West Bengal government, admitted he was unable to locate the document immediately but assured the court he would provide an update on the matter soon.

The issue arose when an advocate involved in the case inquired whether the victim's clothes had been presented during the autopsy.

Chief Justice DY Chandrachud then questioned the presence of the necessary document required when the body was handed over for autopsy following the inquest. Senior Advocate Kapil Sibal, representing the West Bengal government, admitted he could not immediately locate the document but assured the court he would follow up on this issue.

Chief Justice replied, "It is important because it has a column showing what clothes and articles were sent along with the body, we want to see that."

The Chief Justice remarked that the post-mortem team would not accept the body without the challan, stating, "That is why we want to see it."

Mr Sibal requested the court for more time. "We will submit it to the court. What I am told is that CJM (Chief Judicial Magistrate) filled it up himself and sent it," he said. "Was the post-mortem carried out without the request form at all," the Chief Justice asked, and Solicitor General Mehta added that is not possible because it is a statutory form.

Justice JB Pardiwala, who was on the three-judge bench with Chief Justice DY Chandrachud and Justice Manoj Misra, highlighted an issue with the post-mortem report. He pointed out that the third column at the top, which indicates that the constable responsible for bringing the body was supposed to carry the challan, has been struck off. "There is no reference to this challan when the body was sent for examination. If this document is missing, then something is amiss," he stated, calling for an explanation.

The Chief Justice directed that the CBI should also request this document from the West Bengal government. An advocate appearing before the bench noted that the document had been submitted during a hearing in the Calcutta High Court. In response, the Solicitor General of India raised a concern, questioning, "In the absence of its mention in the post-mortem report, the possibility of the document being created subsequently cannot be ruled out."

Mr Sibal replied, "Nothing is being created subsequently. We will file an affidavit."

"The court has been apprised of challan when the body is examined. CBI states that the above challan duly filled in is not a part of the case file handed over to the CBI. Faced with the above, the advocate appearing for one of the petitioners before the high court says the form was produced before the high court," the court said in its order, adding that the counsel appearing for the Bengal government do not have the document

"Copy of the form duly filled in will be submitted on the next date of hearing," the order adds.

The Supreme Court has instructed the CBI to submit a fresh report on the case by next Tuesday. Today, the central agency raised concerns about the forensic report, questioning "who collected the samples," highlighting it as a key issue.

Solicitor General Mehta stated that the central agency had decided to send the samples to the All India Institute of Medical Sciences (AIIMS) in Delhi for further analysis.

"We have forensic examination report and one thing is admitted that 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 body... they have taken samples. they have sent to CFSL in West Bengal. CBI has taken a decision to send the sample to AIIMS," he said.

Without directly disclosing the findings, the Solicitor General remarked, "A person enters, the girl is found nude, and this is the result of the FSL. Therefore, identifying who took the sample is crucial."
 
The delay in filing the FIR came up again. "There is a delay of almost 14 hours in recording the FIR. It is very clear," the Chief Justice said.
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