It is appalling that the police made no efforts to record the statement of the second child who was allegedly molested in Badlapur school, the Bombay High Court observed on Thursday as it took cognisance on its own of the alleged sexual abuse of two four-year-old girls in Thane district, reported Bar and Bench.
The girls were allegedly sexually assaulted by a male attendant at their school on August 12. One of them told her parents about the assault on August 16, after which they approached the police.
The accused, Akshay Shinde, has been arrested and booked under the provisions of the Protection of Children from Sexual Offences Act and the Bharatiya Nyay Sanhita.
On Thursday, a bench of Justices Revati Mohite Dere and Prithviraj Chavan questioned the delay in registration of the case.
“You [police] recorded statements so belatedly, incident is of August 12-13 and FIR is of 16th, statement recorded now?” the court asked, reported The Indian Express. “Why were statements of parents not recorded earlier? Duty of the police officer is to record the statement as per procedures. We are interested in ensuring victims get justice.”
It asked the Badlapur police why the statements of the two girls and their families were not recorded on time and why it delayed action against the school authorities.
“We are appalled by the fact that the Badlapur Police has taken no efforts to record the statement of the second victim girl with either under [Code of Criminal Procedure] Section 161 and 164,” the bench said, reported Bar and Bench.
While Section 161 deals with the police examining witnesses, Section 164 deals with magistrates recording statements of witnesses.
The High Court on Thursday also asked if the police invoked offences under the Protection of Children from Sexual Offences Act against the school where the alleged incident occurred.
“These girls have complained but several cases go unreported,” the court said, reported Bar and Bench. “It takes a huge amount of courage to speak about all this. Definitely the Police hasn’t played its role the way it ought to be. Had the police been sensitised, this wouldn’t have happened.”
The court also reprimanded the school authorities for not reporting the incident on time.
“If the school is not a safe place, then what is the use of speaking about the right to education and such things?” the court said. “Even 4-year-old girls are not being spared. What is this situation? It is absolutely shocking.”
Advocate General Birendra Saraf, appearing for the state government, told the court that an administrator has been appointed at the school and action was taken against the school authorities, reported The Indian Express.
He added that all steps will be taken to ensure the safety of children and the special investigation team will probe the matter on a speedy basis.
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