The Central Bureau of Investigation (CBI) filed a 5,000-page chargesheet in the murder of an eight-year-old student at Gurugrm's Ryan International School, charging a Class 11 student of the same school with murder. The Gurugra session's court hearing the matter, also rejected the accused's bail plea saying the stage was not fit for granting bail.
The CBI charged the juvenile offender with the murder of Pradyuman Thakur, a Class 2 student, who apparently killed the child in a bid to postpone exams. The agency, however, said that a separate investigation around the dubious role of Haryana Police in the preliminary investigation of the case and the school administration's role is still ongoing. The current chargesheet only relates to the murder of Pradyuman.
Bus condutor Ashok given clean chit
The agency also gave a clean chit to school bus conductor Ashok Kumar, who was earlier arrested by the Gurgaon Police, and made him one of the prime witnesses in the case, Hindustan Times reported.
"He further stated that he had confessed to have committed the murder under coercion and threat of police officers concerned of Gurgaon police. He further stated that he was tortured and beaten by Gurgaon police officers," the agency said.
"During CBI investigation, no evidence has come on record to substantiate involvement of conductor Ashok Kumar in committing the murder of Prince in the ground floor washroom/toilet of the school or having attempted to commit sexual assault on the victim before committing murder.
"No blood stain was found on his cloths or his person before he had lifted the victim. Ashok Kumar's presence inside the washroom has been explained and found to be justified and true based on independent version of several witnesses and minute analysis of CCTV footages," the charge sheet said.
'Sufficient incriminating evidence against juvenile offender; accused tried to escape law'
In its charge sheet filed before Additional Sessions Judge Jasbir Singh Kundu, the agency said that sufficient oral, documentary and forensic evidence has come on record to substantiate that the 16-year-old accused had committed the murder on 8 September last year.
The final report also referred to the confessional statement of the accused where he had disclosed that he had used his mobile phone for making internet searches about poisoning, their effects and sources.
Subsequently after the incident on 8 September, he had also made searches for removal and changing of finger prints on various websites, it said.
"The search of internet before and after the commission of murder for the above mentioned purpose thrown light on Bholu's (a fictitious name given to the juvenile offender) conduct before the commission of crime, his intention to commit the crime and his conduct to escape from the clutches of law," the CBI said.
The teenager, however, relaxed after Ashok's arrest and did not follow through on his plans to destroy the evidence trail, News18 reported.
The agency said that the investigation revealed that the juvenile offender was not good in studies and he had attempted to avoid mock examination in February 2016 by complaining that someone had mixed obnoxious substance in the water bottle because of which he was feeling drowsy.
"The documents collected from the school prove that he did not appear in the mock examination conducted in February 2016 and during the examination period, he was admitted in hospital for about three-four days.
"Academic records of Bholu were obtained from the the Vidyalaya (school) in which he was studying. It was found that he was not good at studies and was below average in terms of academic performance," the agency said.
The CBI also quoted the statement of one of accused's close friend who had said that the accused was happy that a student of his school was murdered and the parent-teachers meeting was cancelled and that he would get 10-15 days' leave in the school.
The agency also claimed that the accused knew the victim very well prior to the incident and cited photographs collected from the school in which both were seen performing together in a function, which was corroborated by the school.
Earlier, the court had barred the media from using the name of the 16-year-old juvenile accused in the case and asked it to use fictitious names instead.
The court, which also rejected the bail plea of the accused, will consider the charge sheet on 12 February.
Pradyuman's family disappointed over 'weak chargesheet'
According to the report in Hindustan Times, the victim's family was disappointed with the CBI chargesheet, which it thought was 'very weak'.
“They have not named the school management, owners of the school and the Gurgaon police SIT officials who are also culprits in the case. Giving clean chit to Ashok does not speak about the foul play by the cops. Why were they not found guilty?” Sushil Tekriwal, counsel of the victim’s family told the newspaper.
The sessions court had earlier too taken a tough stance against the accused teenager. On 8 January, the court had rejected the bail plea of the 16-year-old student, declined the bail plea of the accused and imposed a cost of Rs 21,000 for "wasting court's time" in baseless litigation and directed the father of the accused to deposit the amount.
The CBI took up the case from the Gurgaon police on 22 September, following a nationwide uproar over the gruesome killing.
The 16-year-old is being tried as an adult in the case after the Juvenile Justice Board held on 20 December that the teenager was mature enough to recognise the consequences of his actions.
If convicted, the accused will stay in a correctional home till he is 21 years old after which the court can shift him to a jail or grant him bail, it had said.
The court had set up a committee which included a psychologist from the PGI, Rohtak, for an expert opinion on the accused who was taken into custody by the CBI in November 2017.
Pradyuman was found dead with his throat slit in the school's washroom on 8 September. Initially, bus conductor Ashok Kumar was arrested by the Haryana Police in connection with the crime.
Later, a Class 11 student, who allegedly wanted a parent-teacher meeting and an examination at the school postponed was apprehended by the CBI in connection with the killing of the seven-year-old boy.
Kumar was granted bail by a Gurugram civil court in November.
With inputs from agencies
Updated Date: Feb 05, 2018 21:48 PM