Bengaluru: Karnataka high court has directed the Criminal Investigation Department (CID) to take over probe into a 2022 case involving allegations of sexual assault and attempted rape, holding that the police investigation was incomplete and had failed to examine the full scope of allegations.Allowing a petition filed by the survivor, Justice M Nagaprasanna observed that the police investigation focused only on the offence of attempt to murder under Section 307 of IPC and ignored allegations that prima facie disclosed an attempt to commit rape.Citing the Supreme Court’s ruling in the Devendra Nath Singh vs State of Bihar case, the court reiterated that the right to a fair investigation is part of Article 21 of the Constitution. It said a defective or one-sided investigation undermines the right to a fair trial, adding that the filing of a chargesheet or framing of charges does not prevent courts from ordering further investigation if required in the interest of justice.In the case at hand, police investigated it only as one of attempted murder and filed a chargesheet. The survivor sought further investigation into the alleged sexual offences, but no action was taken, prompting her to approach HC in 2023.After examining the records, Justice Nagaprasanna observed that the survivor’s statement described not just an assault but an alleged attempt to rape her, which was thwarted only because she resisted. The investigation, the court said, focused on the stab wounds while overlooking the events that preceded them and failed to examine whether the injuries were inflicted during an attempt to commit a graver offence.Problems in probeThe HC also flagged several lapses in investigation. According to the survivor, the clothes and shoes worn by the accused disappeared the day after the incident. A plastic cover allegedly used to conceal the knife was never sent to the Forensic Science Laboratory for examination.The court further noted that although the alleged assault took place inside a car and bloodstains were allegedly visible on its windows, investigators did not collect blood samples and other forensic material from the vehicle. Calling these “investigative lapses of considerable magnitude,” Justice Nagaprasanna said criminal investigations must gather all available evidence, particularly in cases involving serious allegations.(Box) The incidentThe survivor, an accounts manager, attended an office party with a colleague, a sales manager, on the night of Aug 20, 2022. While returning to their apartment around 1.30am on Aug 21, the accused allegedly diverted the car to a secluded spot on the pretext of buying cigarettes.He allegedly confronted her over her relationship with another person before making sexual advances. When she resisted, he allegedly bit her on the neck, cheek and hand before repeatedly stabbing her.The survivor allegedly fought back by poking the accused’s eyes, called for help, and was pushed out of the vehicle. Despite severe bleeding, she took a cab to Manipal Hospital, where she remained in the ICU for six days, before lodging a police complaint. The petition also states that although she was from Delhi and did not know Kannada, her statement was recorded in Kannada and translated to her.
