Daijiworld Media Network - New Delhi/Mangaluru
New Delhi/Mangaluru, July 22: In a significant development in the 2012 Sowjanya rape and murder case, the Supreme Court on Wednesday cleared the way for a fresh investigation while strongly criticising the Central Bureau of Investigation (CBI) for what it described as serious shortcomings in its probe, including the investigating officer's failure to visit the scene of the crime.
Hearing a petition filed by Kusumavathi Gowda, mother of Sowjanya, a two-judge Bench headed by Justice Sanjay Kumar expressed strong dissatisfaction over the manner in which the investigation had been conducted over the past 14 years.


Questioning the CBI's handling of the case, the Bench observed: "It has been 14 years. A proper investigation has not been carried out. Preserve the evidence. After passing our order, we will seek an interim report. We will also decide on the constitution of a Special Investigation Team (SIT)."
During the hearing, the court questioned why the CBI's investigating officer had never visited the crime scene. It also noted that, instead of conducting an independent investigation, the agency had largely relied on translating the earlier report submitted by the Criminal Investigation Department (CID).
The Bench further criticised the CBI for citing shortage of staff and financial constraints. It observed that the agency had earlier informed the trial court that further investigation against certain accused persons was still required, making its present explanation untenable.
After hearing detailed arguments on the scope of the reinvestigation and the agency that should undertake it, the Supreme Court reserved its decision on whether the fresh probe should be entrusted to a Special Investigation Team (SIT) or another investigating mechanism.
During the proceedings, the Karnataka Government informed the court that it was fully prepared to constitute an SIT to carry out the reinvestigation. However, Kusumavathi Gowda submitted that she had lost faith in the CBI investigation and urged the court to order a fresh probe under the direct supervision of a retired judge of the Supreme Court or a High Court.
The apex court said its final order would lay down detailed directions and guidelines on whether the reinvestigation should be conducted by an SIT or by a team functioning under the supervision of a retired judge.
The court is expected to announce the investigating agency in its subsequent order.
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