S CLARA Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petition is filed seeking a direction to the second respondent-Central bureau of Investigation to register a case and investigate the matter. The petitioner is the mother of the victim who was allegedly murdered in Kuwait. It has been alleged in the complaint that the victim Hemalatha, daughter of the petitioner, was hale and healthy. She has virtually no health problem at the time of her death. The husband of the said Hemalatha and one Thomas launched a murderous attack on her on 11-5-2004 at 11. 00 p,m. when she resisted the sexual assault perpetrated on her by the said thomas, The victim who could not brook the sexual assault was pushed down to the ground by those two persons and as a result of which the victim sustained injury which resulted in her unconsciousness and thereafter her death after 17 days, It is also alleged that the accused prevented the petitioner from conducting post-mortem examination to ascertain the cause of death and they simply burled the deceased victim brought from Kuwait to Palayamkottai tamil Nadu.

(2.) THE Court heard the submissions made on either side.

(3.) THE learned counsel appearing for the petitioner would vehemently submit that the petitioner gave a complaint dated 7-6-2004 alleging commission of murder of her daughter by the accused at Kuwait before the palayamkottai police station. The said police station having enquired into the matter recommended for CBI, investigation as apart of investigation will have to be done at Kuwait. It is his further submission that the recommendation of the said police station was processed by the Government of Tamil nadu and necessary G. O. also was passed entrusting the investigation to the CBI. He would contend that when a citizen of India has committed an offence in foreign country, the offence committed by him can be investigated and tried by Indian Courts. Hence, the registration of the case and the consequent investigation are warranted, he would submit.