Po­lice’s ur­gency to pin blame on one man led to probe gaffe

Hindustan Times (Delhi) - - METRO - Ab­hishek Behl ab­hishek.behl@hin­dus­tan­times.com

TWIST IN TALE Ex­perts say po­lice should have ex­panded in­ves­ti­ga­tion and rounded up all sus­pects, in­clud­ing the ju­ve­nile; ar­gue mo­tive claimed by CBI still too weak for a con­vic­tion

GUR­GAON: An un­due haste, cou­pled with the ur­gency to pin the blame on one man, bus con­duc­tor Ashok Ku­mar, led to ma­jor gaffes in the probe con­ducted by the Gur­gaon Po­lice into the killing of an 8-year-old boy in­side Ryan In­ter­na­tional School, Bhondsi.

The po­lice ob­tained CCTV footage but did not cast their doubts on all the per­sons vis­i­ble in the footage.

In­stead, they pinned the blame on Ku­mar merely on cir­cum­stan­tial ev­i­dence with­out foren­sic proof and ar­rested him based on con­fes­sions made by the sus­pect in front of the me­dia and in cus­tody. The po­lice had rested its case on weak grounds, said ex­perts close to the in­ves­ti­ga­tion.

An­other ma­jor gap in the in­ves­ti­ga­tion was the fail­ure of the po­lice to get ju­di­cial con­fes­sion and the force’s re­liance on what the ac­cused had ad­mit­ted in pub­lic or in cus­tody. “The con­fes­sion on which po­lice was re­ly­ing is not ad­mis­si­ble in a court of law. The po­lice should have ex­panded its in­ves­ti­ga­tion and rounded up all the sus­pects, in­clud­ing the ju­ve­nile,” said a le­gal ex­pert.

Ad­vo­cate Ra­jiv Kaushik, who prac­tices in Gur­gaon, stated that since this case was based on cir­cum­stan­tial ev­i­dence, it was es­sen­tial for the po­lice and the SIT to es­tab­lish a strong mo­tive for the mur­der, which did not hap­pen in the case. “The mo­tive of mur­der, as claimed by the Gur­gaon po­lice and even CBI, is very weak and it will not be enough to con­vict the ac­cused,” he added.

Le­gal ex­perts said that though bus con­duc­tor Ku­mar’s ar­rest was hasty and wrong, no one will com­pen­sate the man even if the CBI gives him a clean chit.

“The mo­tive is not the only in­gre­di­ent for prov­ing a heinous crime. A court needs more ev­i­dence to con­vict a per­son. How did po­lice judge the mo­tive, prepa­ra­tion and sub­se­quent con­duct of Ashok Ku­mar and also the ju­ve­nile sus­pect in four hours also needs ques­tion­ing”, said ad­vo­cate Ra­jiv Kaushik.

Apart from that the po­lice also needed to es­tab­lish the se­quence of events lead­ing to the mur­der, find out how the weapon reached the spot, and what led to con­tam­i­na­tion of the scene, say ex­perts.

EX­PERTS SAID THOUGH ASHOK KU­MAR’S AR­REST WAS WRONG, HE WILL NOT BE COM­PEN­SATED EVEN IF HE GOT A CLEAN CHIT

PTI

The CBI had on Tues­day ap­pre­hended a Class 11 stu­dent of Ryan In­ter­na­tional School, Bhondsi, for al­legedly killing 8­yr­old Prad­hyumn Thakur.

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