February 3, 2021 9:38:12 am
The Punjab and Haryana High Court has dismissed the plea of two accused seeking re-investigation in the sensational Nikita Tomar murder case which took place in Faridabad.
The accused had approached the High Court challenging the order of trial court of Faridabad dated November 23, 2020, wherein revision by petitioners seeking re-investigation of case and claiming unfair investigation by Haryana Police, was dismissed.
The petitioner (accused), Tauseef and Mohammad Rehaan, contended before the HC that the investigation according to them was hurriedly conducted by the police authorities, who submitted their final report in just eleven days after the FIR was lodged, and according to the petitioners, such hurried investigation was both unfair and improper, and also under public/media mass pressure.
Justice Sudip Ahluwalia after hearing to the arguments held that, “It would be apt to observe here that the hype surrounding any so perceived ‘sensational’ case in the media at large is certainly likely to attract its own share of attention, public curiosity, discussion and reaction. But that cannot ipso facto lead to any supposition that the investigating authorities have abdicated their responsibility of probing into the same fairly or objectively, and where such conduct is imputed, it is for the aggrieved party to make out a cogent and convincing case explaining how the investigation conducted has been improper or unfair.”
“Further, as rightly noted by both the Ld. Courts below, there is no illegality in submitting the final report by the investigating authorities within 11 days after the date of occurrence, since no minimum time to do so has been prescribed in the statute. It is purely for the investigating agency to take a call as to whether or not it has been able to collect proper and sufficient evidence to substantiate the final result of its investigation, and academically, even if there be any infirmity remaining therein, benefit of the same would only go to the accused side, who cannot possibly be prejudiced in the circumstances, and would stand to be benefitted by such speedy investigation”, said Justice Ahluwalia.
“The contention of the petitioners’ side to the effect that the Final Report has been submitted without awaiting for the forensic/scientific examination reports would, therefore, appear to be inconsequential at this stage, since it is settled law that the Investigating Authorities are not prevented from submitting any Supplementary Chargesheet or further evidence, so collected, even after having initially submitted a Final Report on the basis of their investigation”, added Justice Ahluwalia.
Justice Ahluwalia held that the court finds no impropriety or infirmity of such nature in the final report submitted by the Police in the present case, as to direct holding of any further investigation at the instance of the accused persons.
The incident took place on the afternoon of October 26 when Nikita Tomar emerged out of Aggarwal College, where she was a third-year B.Com student. Two men tried to first drag her into their vehicle at gunpoint, and one of them shot her when she resisted. She had succumbed to her injuries while undergoing treatment the same day.
In the 24 hours that followed, Faridabad Police had arrested both the men involved in the incident, identified as Tauseef, who had been in school with Tomar, and Rehaan, who was Tauseef’s friend. Investigations had revealed that Tauseef harboured one-sided feelings for Tomar, and had been pressuring her to marry him.
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