The Supreme Court on Monday ordered a de novo investigation into the 2012 rape and murder of a 17-year-old girl in Karnataka, saying the handling of the case ‘shocks the very conscience of the court’.
A bench of Justices Sanjay Kumar and Sanjeev Sachdeva set aside the Karnataka High Court’s August 2024 order and directed the state to form a Special Investigation Team (SIT) led by a senior police officer.
The court barred officers involved in earlier probes by the Belthangady police, Karnataka CID and CBI from joining the fresh investigation. It directed the SIT to use modern investigative technology.
The victim’s family had maintained that Santhosh Rao, who faced prosecution, was innocent.
The Sessions Court acquitted Rao in June 2023 after finding no evidence linking him to the crime.
The Supreme Court highlighted several investigative lapses, including failure to secure CCTV footage and recover the victim’s umbrella, slippers and inner garments. It said improper preservation of the vaginal swab made it unsuitable for DNA analysis.
The court noted that hair belonging to other individuals was found on the victim’s clothing. It said investigators could compare DNA samples from suspected persons with the available hair evidence.
The state had identified eight potential witnesses within three weeks following an earlier Supreme Court direction and provided them protection.
The court ordered the fresh probe to conclude within three months. It clarified that Rao remains protected from a second prosecution under Article 20(2) of the Constitution and Section 300 of the CrPC.
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