Calcutta HC Directs Post-Mortem At AIIMS Hospital For Child Rape Victim

In a significant development, the Calcutta High Court has recently directed that the autopsy of a 9-year-old child, who was allegedly raped and murdered in Bengal’s Jayanagar area, be conducted at AIIMS Hospital in Kalyani, West Bengal.

This order was passed by a single bench of Justice Tirthankar Ghosh.

The case, registered as Joynagar Police Station case no. 793 of 2024, relates to the horrific rape and murder of a minor girl. The State of West Bengal approached the High Court with an application under Section 482 read with Section 401 of the Code of Criminal Procedure, 1973.

Initially, the investigating agency had prayed for conducting the post-mortem examination in the presence of a Judicial Magistrate at Mominpur Police Morgue Hospital on October 6, 2024.

However, this request was turned down by the Additional Chief Judicial Magistrate (ACJM), Baruipur, on October 5, 2024.

The victim’s father had requested that the post-mortem examination be conducted at a hospital supervised and controlled by the Central Government. The Advocate General submitted that the State has the necessary infrastructure, but accepted the father’s request.

Considering the sensitive nature of the case, Justice Ghosh directed AIIMS Kalyani Hospital to conduct the autopsy.

During the hearing, the court observed that despite the sexual offences committed against a minor, charges under the Protection of Children against Sexual Offences Act had not been levelled.

To address this, the court passed a series of directions, including the addition of POCSO Act charges against the accused. The order ensures that the case will be handled with utmost seriousness and priority.

The Calcutta High Court’s intervention underscores the importance of ensuring thorough investigations and justice in cases involving child sexual abuse and murder. By ordering the autopsy at AIIMS, the court has ensured that the examination will be conducted with the highest level of expertise and impartiality.

The case highlights the need for increased vigilance and protection of children from sexual offences. The POCSO Act provides stringent provisions to combat child sexual abuse, and its application in this case will ensure that the accused faces the full force of the law.

The investigation and trial will continue under the supervision of the Calcutta High Court, ensuring that justice is served in this heinous crime.

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