Jharkhand High Court on Thursday stayed lower court proceedings in the Sapphire International School murder case till November 5.
Chief Justice Rongon Mukhopadhyay was hearing a criminal writ petition filed by Manbahal Mahto, the father of deceased Class VII student Binay Mahto, for a trial de novo (new trial by a different tribunal). The judge also directed police to immediately present an up-to-date case diary.
Prosecution lawyer Jitendra Singh, during the hearing, punched holes in the investigation, saying that despite police filing charge sheets against four accused, two were acquitted for want of evidence.
Singh submitted that the lower court, having found several lacunae in police probe, had made 10 more persons accused in the case under Section 319 of CrPC. All were issued summons, but none was presented in court.
The lawyer also said that it was a matter of grave concern that police filed charge sheets on the basis of circumstantial evidence and failed to bring forensic report of an audio clip that they claimed was crucial to the case.
Appearing on behalf of police, advocate Rajeev Ranjan Mishra said the investigating agency had taken all measures possible to bring the forensic evidence from a central lab in Calcutta.
“In fact, following a demand from CFSL, Calcutta, police provided them with an equipment worth Rs 2.4 lakh to complete examination. But despite best efforts, the report has not arrived,” Mishra told the high court.
Dhurwa thana OC Ramesh Kumar, DSP (Headquarters-II) Vijay Kumar Singh and some other police officers were present in court to honour a September 26 directive.
Advocate Mishra said Dhurwa OC Kumar had taken charge of the February 5, 2016, Binay murder case on October 2 this year from his predecessor T. Ram. The latter had taken charge from another investigating officer of the case last year.
Binay’s mother Kashila Devi said the high court order had reinstated her faith in the judicial system. “Nobody can fool the law. The truth will come out and my son will get justice,” she said.
