- (1.) The prosecuting agency, Central Bureau of Investigation (CBI), by the instant petition under Section 482 of the Code of Criminal Procedure, 1973 (for short, 'Cr.P.C.'), has laid challenge to order dated 25th of January, 2019, passed by Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Cases), Jodhpur (for short, 'learned trial Court'). By the order impugned, learned trial Court thwarted application of CBI for recording statements of Ms. Amber B. Carr, a prosecution witness, through video teleconference in Sessions Case No.97/2011.
(2.) Succinctly stated, the facts of the case are that, at the threshold, an FIR No.383/11 was registered with Police Station, Bilara, Jodhpur Rural, against one Sohanlal Bishnoi for offence punishable under Section 365/120-B IPC. Subsequently, on a request being made by the State Government, investigation of the case was entrusted to CBI, wherein Sohanlal Bishnoi was castigated for abduction of one Ms. Bhanwari Devi w/o Amarchand Nut. Initially, chargesheet in the matter was filed on 2 nd of December, 2011, however, during investigation on the basis of material collected by CBI many facts/events unfurled and that necessitated filing of supplementary chargesheets on 29 th of February 2012, 21st of April 2012 and 30th of August 2017 respectively, against Sohanlal Bishnoi and other accused- respondents for offences punishable under Sections 120-B, 364/120-B, 302/120-B, 201/120-B IPC and Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, 'Act').
(3.) While investigating the case, despite sincere endeavour made by CBI, Ms. Bhanwari Devi could not be traced out but finally it succeeded in recovering burnt bones from Rajeev Gandhi Lift Canal upon disclosure of one of the accused persons. The investigating agency suspecting burnt bones of a human being, initially contacted experts of Central Forensic Science Laboratory (CFSL) and All India Institute of Medical Sciences (AIIMS), New Delhi for seeking their opinion about DNA extraction from the burnt bones. However, the efforts of CBI proved abortive and both CFSL as well as AIIMS opined that it is not possible to render any opinion about DNA extraction from burnt bones. Both, CFSL and AIIMS, also conveyed CBI that such facility is available with FBI, America.;