Calcutta High Court Calls for Magistrate Oversight in Autopsy of 10-Year-Old Rape-Murder Victim

The autopsy, scheduled for Monday at the Murshidabad Medical College and Hospital as demanded by the victim’s parents, will take place in the presence of a judicial magistrate on Tuesday, according to the high court order

Alamgir Hossain, TT, Behrampore, 15.10.24 : Calcutta High Court on Monday directed the Murshidabad district administration to ensure a magisterial autopsy, on-camera, of the body of a 10-year-old girl suspected to have been raped and murdered in the district on Sunday.

The autopsy, scheduled for Monday at the Murshidabad Medical College and Hospital as demanded by the victim’s parents, will take place in the presence of a judicial magistrate on Tuesday, according to the high court order.

Justice Tirthankar Ghosh issued the order, directing the government counsel of the Murshidabad district to file a petition before the sub-divisional court there, seeking the presence of a judicial magistrate during the autopsy.

Justice Ghosh said: “The probe is very important.”

“The family of the victim has not demanded anything big... the presence of a magistrate only,” he added.

The high court directive came in response to a petition filed by the family after they allegedly found that the police did not arrange for a magisterial autopsy, apparently refusing to even acknowledge the possibility of rape. It was the local CPM’s youth wing that extended help to the bereaved family to approach Calcutta High Court to file the petition through email.

The alleged police apathy sparked tension on Monday, as the victim’s family immediately asked the medical college authorities to stop the autopsy in the absence of a magistrate.

The unclothed body of the victim, who came to her grandparents' home on a vacation from Delhi to celebrate Durga Puja, was found hidden in a sack at the home of the accused on Sunday afternoon.

Police arrested the accused, 40 year-old neighbour Dinu Halder, rescuing him from a violent mob and admitted him to hospital with serious injuries.

A few hundred women on Monday gheraoed the local police station and began demonstrating, demanding inclusion of the complaint of rape to the probe and a magisterial autopsy on-camera. The demonstration was withdrawn only after police agreed to add sections of rape and the Pocso Act.

The victim’s mother said: “Since Sunday, we kept demanding an autopsy in the presence of a judicial magistrate with video-recording. We also demanded that they allow one of us to observe the autopsy. Cops had also promised us of the same. But today (Monday), we were shocked to find no such arrangements at the medical college. The medical college authorities refused to clarify. With no alternative, we approached Calcutta High Court."

Farakka sub-divisional police officer Aminul Islam Khan, however, refuted the allegations.

The police officer said: “We approached the Jangipur sub-divisional court according to the application sent to the Jangipur police district chief… by the victim’s family for a magisterial autopsy. But the court did not approve the appeal.”

“Now, we will arrange the autopsy according to Calcutta High Court order. There was no lapse on our part,” he asserted.