Consent irrelevant in POCSO cases, says Kerala High Court

The Bombay High Court has requested a fresh investigation from the CBI into the death of Disha Salian, a former manager of actor Sushant Singh Rajput. The court identified ten circumstances that raised "reasonable suspicions" about the initial police investigation.

Firstly, the spot panchnama, conducted more than nine hours after the incident, was performed at a time when police suspected foul play. Secondly, the timing of the accidental death report (ADR) was questioned, as it was registered at 3.07 am while the death occurred at 2.25 am. Thirdly, there were unexplained instances of police presence in the building before the death was officially recorded.

Fourthly, the blood evidence was not adequately explained, as two witnesses reported Salian falling face-first with blood oozing from her head, yet no blood-stained soil was collected and no head injury was recorded. Fifthly, the HC found it difficult to accept that a fall from a 12th-floor window resulted in only a chin injury, with no facial or cranial fractures.

Sixthly, an Assistant Chemical Analyzer stated that sufficient blood would typically be found in the clothes after such a fall, but the clothes showed less blood than expected. The HC noted the police's own uncertainty about this discrepancy. Seventhly, there was no damage to the door or lock, despite a witness reporting that Salian had locked herself in a bedroom and the door was forced open.

Eighthly, the postmortem report mentioned specific swab samples, but the envelopes sent to the Forensic Science Laboratory (FSL) contained slide smears, which the HC considered a "glaring feature". Ninthly, the court questioned why the postmortem doctor was asked about the condition Salian was brought to the hospital if the police were already aware of her clothes being seized. Lastly, the mobile phone and laptop were seized eight days after the incident, raising questions about the preservation of evidence.