Daijiworld Media Network – Bengaluru (MS)
Bengaluru, Sep 9: The state high court quashed the PIL requesting re-investigation of the rape and murder case of Soujanya that occurred at Dharmasthala.
The divisional bench comprising of chief justice P B Varale and justice Krishna S Deekshit conducted the inquiry of the PIL submitted by social worker of Bengaluru Girish Bharadwaj, G Naveen Kumar, native of Beltangady and Vinyaka Friends Charitable Trust, Puttur. The court opined that solution can be sought through other alternatives available under the law and quashed the petition.
Senior advocate Arun Shyam in his argument said, “Student Soujanya was raped and murdered in 2012. The court acquitted the accused saying that there are no suitable evidences against him. But at the same time, the court opined that the incident has taken place. This means that the actual culprit is absconding. Many lapses have occurred by the investigating officer and medical officer during investigation and post-mortem immediately after the incident. The public feels that the matter needs to be re-investigated. Hence, the government should be given instructions to hold fresh investigation through an independent investigation agency or the SIT.”
Responding to the argument, the bench said, “There is opportunity in law to go for higher appeal against the court that acquitted accused. In that, the lacunas of investigation can also be considered in the higher appeal.”
Arun Shyam said that the family of the victim has not submitted higher appeal.
The bench said, “So you can help the victim’s family to go for higher appeal. It is not possible to cross the limits of law by holding meetings, protests and feelings of the public. Though the intention of the applicant is a noble one, the PIL needs to be looked into in the limits of law. Accordingly, the petition might be withdrawn and solution through alternative methods can be sought.”
Lawyer denied withdrawal of the petition and asked for court order on merit of the petition. Agreeing for his request, the bench said that the PIL is quashed and a detailed order will be taken out in this regard.