Rajasthan Police recommend govt to file appeal in HC in Pehlu lynching case

Yash Goyal
Jaipur, September 20

The Rajasthan Police have submitted an SIT report to the state government on Pehlu Khan lynching case with a recommendation to file an appeal in the high court against an Alwar court judgment in which all six accused were  acquitted on August 14.

“After analysing the Special Investigation Team (SIT) report on Pehlu Khan lynching case, Director General of Police Bhupinder Singh Yadav submitted his recommendations to the Rajasthan Government through Additional Chief Secretary (Home) a day ago focusing on four main issues to be taken up,” Additional Director General of Police (Crime) BL Soni told The Tribune on Friday. 

“The SIT has found enough ground to appeal against the lower court’s judgement, and now the preparation of an appeal in the case is being started,” Soni said. 

Secondly, the DGP opined that an ADG-Vigilance be given a task to take departmental action against those officials whose negligence led to acquittal of the accused in Pehlu Khan case based on “benefit of doubt”. 

Thirdly, the DGP also advised that the Director of Prosecution shall also investigate the case thoroughly the role of concerned prosecution authority leading to poor defence in the case. 

Fourth, the ADG-Crime will be asked to process, investigate and furnish any original or additional evidences and documents to be required in the fresh legal battle to give justice to Pehlu Khan. 

The DGP also sent copy of his report to the concerned officers in police department. 

A three-member team of SIT led by DIG Nitin Deep Blaggan had submitted an 80 pages report with 1000 pages annexure to the DGP on September 5. 

On August 14, in the Pehlu Khan lynching case, the Additional District and Session Judge Court-1 Justice Dr Sarita Tyagi announced the judgement acquitting all six accused, Vipin, Ravindar, Dayanand, Kaluram, Bhim Singh Rathi, and Yogesh Dholiya. 

Besides acquittal of the six accused, the SIT suggested there are three juvenile accused whose trial was to be sped up.

An original video shot on the alleged lynching was though presented in the court by the public prosecutor but it was probably not examined per se.

The video was also added in the report as one of the strongest evidences.

Lapses in investigation by the Alwar police and state CID-CB, and Public Prosecutor’s role were also considered and given clarification in the SIT report.    

Fifty-five year old Pehlu Khan, a native of Nuh in Haryana, was brutally beaten up by the self-styled cow vigilantes near Behror in Rajasthan on the Delhi highway on April 1, 2017 for transporting cattle without prior permission.

He succumbed to his injuries at a private hospital on April 3. The lynching was caught on camera.

The police had also given clean chit to all six people accused in the case.

The police had registered a case under various sections of IPC — 302 for murder, 308 for attempt to commit culpable homicide, 143 for punishment for unlawful assembly, and 427 punishment for theft with the Behrod Thana.

The case was registered under Section 6 of the Rajasthan Bovine Animal (Prohibition of Slaughter and Regulation of Temporary Migration or Export) Act, 1995.