The Supreme Court on Wednesday came down heavily on the Haryana police for derailing the investigation in the case of the rape of a four-year-old girl in Gurugram and constituted a Special Investigation Team (SIT) to take over the investigation.
The Court observed that the police tried to dilute the gravity of the offence. Though there was prima facie evidence to indicate the offence of 'aggravated penetrative sexual assault' under Section 6 of the Protection of Children from Sexual Offences (POCSO) Act, the police registered the FIR only for 'aggravated sexual assault' under Section 10, a lesser offence.
In a scathing order, the Court observed, "It's a glaring case where police have made all-out efforts to protect the accused. The entire police force, from the Commissioner to the Sub Inspector, made all attempts to prove that the child had no proof or that the parents did not make any sense. The record leaves no room for doubt that an offence under section 6 POCSO was apparently committed. The police, however, registered the FIR and downgraded the offence under section 10 due to undisclosed reasons."
The court constituted an SIT led by a senior IPS officer from Haryana police, Nazneen Bhasin. The court directed that the Commissioner of Police, Gurugram, and the investigating officer should be disassociated from the probe. The court also issued a notice to the delinquent police officers to showcause why no disciplinary action should be taken against them.
A bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice Vipul Pancholi was hearing a writ petition filed by the parents of the child seeking investigation by the Central Bureau of Investigation or a Special Investigation Team on the ground that the probe by the Haryana police was unsatisfactory.
The Court also flagged various problems in the process, which led to the re-traumatisation of the victim. "Trauma and plight of the child was multiplied due to the insensitive, reckless, irresponsible and completely unlawful method of investigation having been adopted by Gurugram police," the court noted in the order.
During the hearing, the bench, after perusing the report submitted by the state, expressed shock at the police investigation, “If this is the quality of understanding sensitivity in case of a four-year-old, what do you expect of the rule of law? You say it's not a case of rape, but assault? We are indicating what's distressing... It's for courts to decide, not CWC" Justice Bagchi said.
"The way family and child have been harassed. The child went through more horrifying experience after what happened with her. Repeated victimisation," CJI Surya Kant noted. "Worst form of disrespect to a victim," Justice Bagchi added.
The Court was also critical of the Judicial Magistrate for not ensuring that the matter was investigated under Section 6. It also pulled up the members of the Child Welfare Committee for the insensitive manner in which they handled the child. "Who appointed these CWC members? Acted as if the victim was a table or chair! They should have gone to her house," CJI Kant said.
In the order, the court recorded that it has serious doubts as to whether the CWC members possessed the adequate educational and professional qualifications required to assist in such matters. The court directed the CWC members to furnish their explanation. It also directed the Principal Secretary of Haryana to file an affidavit furnishing reasons for appointing them. The Apex Court also issued a notice to a doctor of Max Hospital to explain the reasons for changing the medical report prepared after examining the victim.
Follow us
