‘Lethargic Attitude’: Jharkhand High Court Takes Suo Motu Congnizance In Minor’s Rape & Murder Case; Questions Delay In Arrest
The Jharkhand High Court further ordered the matter to be placed before the Chief Justice.
Justice Sujit Narayan Prasad, Justice Anubha Rawat Choudhary, Jharkhand High Court
Raising questions over the delay in the arrest of the culprit for the brutal rape and murder of a 12-year-old girl, the Jharkhand High Court has ordered to initiate a suo motu case and also asked the Home Secretary, D.G.P., and Hazaribag S.P. to file affidavits.
The High Court further ordered the matter to be placed before the Chief Justice.
The Division Bench of Justice Sujit Narayan Prasad and Justice Anubha Rawat Choudhary stated, “This Court, considering the sensitivity of the issue, particularly the commission of rape of a female child aged about 12 years and thereafter her brutal murder and lethargic attitude of the police, has thought it proper to take cognizance of the occurrence with a direction to the Office to institute a suo motu case.”
“This Court, considering the aforesaid statement of the S.P., Hazaribagh, is of the view that the investigation which ought to have been conducted so as to get hold of the culprit has not been conducted properly”, it added.
Advocate Hemant Shikarwar represented the Petitioner, while Additional Advocate General-II Sachin Kumar represented the Respondent.
Factual Background
The matter emanates from a news published in the daily newspaper Hindustan dated March 29, 2026, regarding an occurrence that took place in the district of Hazaribagh. The incident of the rape of a 12-year-old female child and her subsequent brutal murder had been reported. The Amicus Curiae had also submitted that the tongue of the victim had been cut, and there was also a serious assault on her private parts. It was submitted that although the FIR was instituted on March 25, 2026, no arrest of the culprit had been made. It was claimed that the mother of the victim, who is earning her livelihood by working in a brick kiln, was being threatened.
Reasoning & Conclusion
Taking note of the sensitivity of the issue and the brutal case at hand, the Bench ordered, “Accordingly, the office is directed to institute a suo motu case as a public interest litigation.”
Considering the fact that no arrest had been made in the case yet, the Bench stated, “This Court in the aforesaid context is of the view that what type of investigation is being conducted since in such a heinous nature of crime, even after lapse of 05 days, the culprit has not been arrested.” The Court was further informed that the collected samples had not been sent to the FSL. On this aspect, the Bench mentioned,“This Court is of the view that keeping the samples in the possession of the investigating officer appears that the investigating officer is not properly proceeding.”
The Bench thus issued notice to the Secretary, Home; D.G.P., State of Jharkhand and S.P., Hazaribagh and directed them to file their respective affidavits. The D.G.P has also been asked to look into the matter as to why, even after a lapse of 5 days, the samples have not yet been sent to the FSL and why they have been kept in the possession of the investigating officer. “Let appropriate affidavits be filed in this regard”, it added.
“This Court, in this regard, is making it clear that if any untoward incidence happens with the family members of the deceased victim and important witnesses, then, it will be the personal accountability of the S.P., Hazaribagh”, it concluded.
Cause Title: Court on its own Motion v. The State of Jharkhand (Case No.: W.P.(PIL) No. 2172 of 2026)
Appearance
Petitioner: Advocate Hemant Shikarwar
Respondent: Additional Advocate General-II Sachin Kumar, AC Srikant Swaroop, AC Gaurav Raj