SHAMSHAD BEGUM Vs. STATE OF A.P

JUDGEMENT

(1.) Ayesha Meera, the daughter of the petitioners, who are teachers by profession, was found dead on 27.12.2007. The victim was also noted to have been subjected to rape. That incident led to investigation and consequential prosecution of one Pidathala Satyam Babu. He was tried and found guilty for offences punishable under Sections 302 and 376 IPC and was convicted and sentenced to undergo different counts of imprisonment, including imprisonment for life, and was also ordered to pay fine, and to undergo default sentence on non-payment of fine, in Sessions Case No.34 of 2009 on the file of the Sessions Judge, Mahila Court, Vijayawada, Krishna District.

(2.) Criminal Appeal No.1518 of 2010 filed by the aforenoted convict was allowed by this Court through Judgment, dated 31.03.2017. Apart from acquitting the accused, the Division Bench also made various observations touching the investigation and prosecution and, essentially, held that it was a case for re-investigation though the learned Judges; quite rightly; noted that their Lordships would not be within jurisdiction to order reinvestigation while exercising appellate jurisdiction under section 374(2) of the Code of Criminal Procedure, 1973. The Division Bench stated in that Judgment that it feels that the truth, buried fathom deep under the debris of faulty investigation and distortions, needs to be extricated and real culprits are identified and punished. It left it to the public spirited citizens to carry the issue forward by availing appropriate legal remedies in that regard.

(3.) W.P (PIL) No.186 of 2017 was instituted as a Public Interest Litigation touching the matter. It stood tagged along with this writ petition filed by the victim's parents. Obviously to avert multiplicity, the PIL was disposed of without any orders being issued at the instance of the petitioner therein and this writ petition, namely, W.P.No.25434 of 2017 instituted by the parents of the victim, was taken up for consideration.