Supreme Court Questions Missing Document in Kolkata Rape-Murder Case, Orders Fresh CBI Report

In a significant development during the Supreme Court hearing of the Kolkata doctor’s rape and murder case, a crucial document related to the post-mortem process came under scrutiny.

Chief Justice of India DY Chandrachud raised concerns regarding the absence of the challan—a statutory form required to initiate an autopsy. The challan serves as official documentation of the items and clothes that accompany the deceased body, and its absence was questioned as it is necessary for the forensic process.

Senior Advocate Kapil Sibal, representing the West Bengal government, acknowledged that he was unable to locate the document during the court session. He assured the bench that he would retrieve and present it at a later stage. The Chief Justice emphasized the importance of this form, noting that a post-mortem team is not authorized to accept a body without the proper paperwork, especially a form that confirms the details of any accompanying articles like clothes, which are critical for forensic examination. Justice JB Pardiwala, part of the three-judge bench, also pointed out discrepancies in the post-mortem report, observing that the column indicating the presence of this challan had been struck off. This raised further concerns about whether the form was missing or not submitted, suggesting potential procedural irregularities.

The Solicitor General of India, Tushar Mehta, representing the CBI, noted that the absence of the document from the post-mortem report raised suspicions about whether it had been created after the fact. He pointed out that the statutory form could not be omitted, further suggesting that this could have implications for the integrity of the investigation.

Adding to the complexity of the case, the CBI expressed concerns regarding the forensic samples collected during the investigation. There were questions about who had collected the samples and how they were handled. The central agency decided to send the samples to the All India Institute of Medical Sciences (AIIMS) in Delhi for a more thorough examination, after earlier tests had been conducted at the Central Forensic Science Laboratory (CFSL) in West Bengal. It was revealed that when the victim’s body was found, she was partially disrobed, and there were injury marks on her body, leading to critical evidence being gathered from the scene.

The Chief Justice also highlighted a significant delay in the filing of the First Information Report (FIR), pointing out a 14-hour gap between the discovery of the body and the official recording of the crime. This delay further complicated the case, raising concerns about whether all investigative procedures had been followed in a timely and proper manner.

The Supreme Court has now directed the CBI to submit a fresh report on the case by the following Tuesday, with a particular focus on retrieving the missing challan and resolving questions surrounding the forensic examination and collection of evidence.

The case continues to evolve, with the court seeking to ensure that all legal and procedural formalities are met to guarantee a thorough and transparent investigation.