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CID yet to complete probe in rape case against seer

Seeks legal opinion but Director of Prosecution doesn't give any
Last Updated 12 February 2015, 19:03 IST

Even five months after a rape case was registered against Ramachandrapura Mutt seer Raghaveshwara Bharathi, the Criminal Investigation Department (CID) is yet to complete its investigation.

During the hearing before the High Court, Advocate General Ravivarma Kumar had stated that the CID had sufficient material to file a charge sheet against the seer. However, it has emerged that the CID has sought legal opinion on some issues from the Director of Prosecution.

Sources told Deccan Herald that the legal opinion was sought three weeks ago. However, the Director of Prosecution on Thursday returned the file to the CID without offering any opinion.

Sources said the Director of Prosecution had stated that a Special Public Prosecutor, appointed for the case, should have been approached for legal opinion.A senior official said that it would take some more time to complete the investigation in the case. 

“There is no timeframe set for the investigation in the government’s order while handing over the probe. There are a bunch of cases with the CID pertaining to the entire controversy. Of which, the blackmailing alleged by the mutt representative and subsequent accusation of rape against the seer are the important cases before the CID. The final report will be filed soon,” the official said.

Law experts said seeking legal opinion was the discretion and freedom of the investigating agency, even after assuring the court that it had a watertight case. However, in cases of rape, investigation cannot be dragged for a long time.

“In a case such as rape, the interest of the victim should be paramount and any administrative action should be judged on the basis of whether it is fair to the victim concerned. Also, after the Nirbhaya amendments to the Criminal Procedure Code, 1973, rape trials are to be concluded quickly and that essentially means that a charge sheet, if viable, should be filed without any delay. So, if the government is beginning to doubt its own case, it should speak to the victim and explain its doubt to her in the interest of fairness, and if the government honestly does not think that the prosecution is viable, it would be expected to drop the case altogether.That however, does not mean the end of the road for the victim and she could always protest the closure report and take the matter forward on her own,” Supreme Court counsel K V Dhananjay said.

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(Published 12 February 2015, 19:03 IST)

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