Calcutta HC criticises Police for omitting POCSO and IPC charges in Murshidabad murder case involving alleged Rohingya
September 28, 2026
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Home Bharat

Calcutta HC criticises Police for omitting POCSO and IPC charges in Murshidabad murder case involving alleged Rohingya

The court instructed the police to include sections of the Indian Penal Code (IPC) related to rape and other provisions of the Protection of Children from Sexual Offences (POCSO) Act in the First Information Report (FIR)

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Feb 24, 2024, 07:30 pm IST
inBharat, West Bengal
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Brutal Murder of Minor Muslim Girl Sparks Outrage in West Bengal (Image Source: OpIndia)

Brutal Murder of Minor Muslim Girl Sparks Outrage in West Bengal (Image Source: OpIndia)

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In a significant development, the Calcutta High Court has intervened in the case of a 13-year-old minor girl who was raped and murdered in January 2024, ordering a second post-mortem examination. The decision follows concerns raised by the victim’s mother regarding discrepancies in the initial post-mortem report and the handling of the investigation by the West Bengal police.

The girl, who went missing on January 22 and was discovered dead on January 27, sparked outrage and demands for justice across the Murshidabad district of West Bengal. The High Court’s intervention came after the victim’s mother, Sarjina Bibi, alleged negligence on the part of the authorities in documenting visible injury marks and pursuing relevant charges in the case.

Addressing these concerns, Justice Jay Sengupta issued a directive for the exhumation of the victim’s body and a subsequent second post-mortem examination. The court instructed the police to include sections of the Indian Penal Code (IPC) related to rape and other provisions of the Protection of Children from Sexual Offences (POCSO) Act in the First Information Report (FIR).

The initial complaint, filed by Sarjina Bibi at the Hariharpara police station, detailed the horrific condition in which the girl’s body was found in the Dharampur village. Despite the grievous nature of the injuries, including facial disfigurement and signs of possible sexual assault, the post-mortem report failed to adequately document these findings.

Moreover, the court noted discrepancies in the charges imposed by the police against the accused individuals, identifying the need for additional charges under relevant legal provisions. The accused, identified as Roni Khan, Rintu Khan alias Kalu, and Rasheeda Bibi, residents of Dharampur village, face accusations of rape and murder.

The court said in the order, “The petitioner’s minor daughter was raped and brutally murdered by the accused father and son duo. The said duo had earlier committed a similar offence. After the body was detected, it was found that the body was seriously disfigured. Some portions of the eyes and face were gouged out. This has not been reflected in the post-mortem report. That apart, the investigating agency had not imputed more serious charges under the IPC as well as the POCSO Act.”

The court further said, “First, from the inquest and the post-mortem report it is evident that the victim was subjected to sexual assault, then one wonders why were more serious charges under the provisions of law including the Penal Code and the POCSO Act not added. Let the investigating officer have such provisions added and proceed with the investigation. The inquest report supports the contention of the petitioner that the face of the victim was severely disfigured. Merely stating that the portions of the epidermis were peeled off, as in the post-mortem report, perhaps does not give a correct picture of the dead body.”

Highlighting the urgency of the matter, the court emphasised the need for a thorough investigation and instructed the police to conduct the second post-mortem under expert supervision at SSKM Hospital, Kolkata, with the process to be videographed for transparency. The State was also directed to submit a progress report on the investigation and the case diary for review during the next hearing scheduled for March 6th, 2024.

Following the court’s order, the victim’s body was exhumed on February 16th and transferred to SSKM Hospital for the second post-mortem examination. The court has set a deadline of March 6th for the submission of the revised autopsy report, marking a crucial step forward in the pursuit of justice for the minor girl and her family.

Sarjina Bibi, the mother of the victim minor girl, had communicated her plea for a second post-mortem examination to the Superintendent of Police in Murshidabad. In her written complaint, she articulated, “The post-mortem report of my daughter has left out multiple injuries that were sustained by her. It is stated that my daughter had suffered a direct attack on her face, her eyes were gouged out, her ears were torn off, and her mandible was slit open as well. None of these injuries were mentioned in the post-mortem report. It is also stated that my daughter was raped before she was killed horrifically, yet no examination for rape was conducted. Therefore, it is my humble request that another post-mortem examination be conducted for my daughter, so that the correct conclusions may be reached, and my daughter receives proper justice.”

She further stated, “When we found my daughter’s body, multiple videos and pictures were taken and the post-mortem report does not match or even mention the other injuries on her body. The said pictures and videos were taken by almost everyone in my entire neighbourhood. I am attaching the said post-mortem report and the pictures of my daughter’s dead body when it was discovered, for your reference. Therefore, it is my humble request that another post-mortem examination be conducted for my daughter, so that the correct conclusions may be reached. I request you to take out my daughter’s body from its burial site, and arrange for a proper post-mortem examination process with videography, so that the results are not altered unduly, and my daughter receives proper justice.”

Sangita Chakraborty, the national president of the SS Human Rights Foundation in West Bengal, also lodged a complaint with the Superintendent of Police in the Murshidabad district regarding the matter. Alleging collusion among various individuals including Dr. Swapan Kumar Adhikari, Assistant Professor, Department of Forensic Medicine & Toxicology, Professor (Dr.) Amit Dan, Principal, Dr. Amiya Kumar Bera, Medical Superintendent cum Vice Principal of Murshidabad Medical College & Hospital, Berhampore, Murshidabad, and the Inspector-in-charge of Hariharpara Police Station, District – Murshidabad, she claimed, “The said post-mortem report deliberately ignores and does not mention multiple other injuries that were sustained by the victim, due to the collusion of a) Dr Swapan Kumar Adhikari, Assistant Professor, Department of Forensic Medicine & Toxicology, b) Professor (Dr.) Amit Dan, Principal, c) Dr Amiya Kumar Bera, Medical Superintendent cum Vice Principal, Murshidabad Medical College & Hospital, Berhampore, Murshidabad, and d) the Inspector-in-charge, Hariharpara Police Station, District – Murshidabad.”

She emphasised, “The said persons are deliberately hiding and covering up the heinousness of the crime that has been committed against the 13-year-old victim girl. The police authorities are working hand in glove with the relevant persons from the Murshidabad Medical College & Hospital, and the accused persons to allow them to escape the clutches of the law.”

In her demand for a second post-mortem and chemical examination to verify the rape crime, she added, “The police authorities are keeping the entire incident under wraps, and no media has even been involved in this case, which begs the question as to whether the Inspector-in-charge is in cohorts with the accused persons being Roni Khan, Rintu Khan alias Kalu, and Rasheeda Bibi, and is benefiting from the theft that is being committed.”

The victim, identified as Saleema Khatun (name changed to protect her identity), a 13-year-old resident of Dharampur, Ramna, Sankarpur, went missing on January 22, 2024. According to her mother, Sarjina Bibi, Saleema disappeared along with a significant amount of cash and gold from their home. Her body was later discovered near her parents’ house on January 27, 2024, in a decomposed and mutilated state, with signs indicating a horrific ordeal.

The primary suspect in the case, Roni Khan, reportedly has ties to the ruling Trinamool Congress Party and is alleged to be an illegal immigrant of Rohingya origin. Activists have raised concerns over the handling of the case by the authorities, accusing the police of concealing potential evidence of sexual assault and neglecting sections of the Protection of Children from Sexual Offences (POCSO) Act in their investigation.

Following the filing of a First Information Report (FIR), the accused, including Roni Khan and his parents, were booked under relevant sections of the Indian Penal Code pertaining to kidnapping and murder. However, the community’s outrage persists, with allegations of past criminal behavior by the accused surfacing, including instances of similar crimes.

In response to the outcry, the S.S. Human Rights Foundation, a registered NGO, has stepped forward to support the victim’s family. Sangita Chakraborty, the organisation’s head, has highlighted the negligence of the police and alleged manipulation in the case, prompting a letter to the National Commission for Women urging intervention.

Chakraborty emphasised the heinous nature of the crime, suggesting that Saleema was coerced into theft before being subjected to rape and murder. She further pointed out the accused’s history of similar offences, raising questions about law enforcement’s handling of previous incidents involving the same individuals.

The brutal murder of Saleema Khatun has not only sparked outrage within the local community but has also reignited debates about migrant issues and the adequacy of child protection laws in the state. As investigations continue, there is mounting pressure on authorities to ensure justice for the victim and accountability for those responsible.

Topics: TMC ruled BengalWest BengalCM Mamata BanerjeeMurshidabad MurderRhongya MuslimLaw and Order under TMC
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