The Supreme Court on Wednesday criticised the Haryana Police for allegedly derailing the investigation into the rape of a four-year-old girl in Gurugram, reported Live Law.
A bench of Chief Justice Surya Kant, and Justices Joymalya Bagchi and Vipul Pancholi stated that “all-out attempts” were made to “protect the accused” and that the police tried to dilute the gravity of the offence.
The court noted that there was prima facie evidence to indicate that the offence of “aggravated penetrative sexual assault” under the Protection of Children from Sexual Offences Act section 6 was committed.
However, the police only registered a first information report for “aggravated sexual assault” under Section 10 of the Act, which is a lesser offence, the court added.
While section 6 provides for at least 20 years in jail, section 10 mandates only 10 years.
The bench said that 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”.
“Child went through more horrifying experience after what happened with her,” the legal news outlet quoted Kant as saying. “Repeated victimisation.”
He added: “You are disbelieving a four year child…Shame on them.”
The court constituted a Special Investigation Team led by Indian Police Service officer Nazneen Bhasin to probe the case, Live Law reported. It also directed that Gurugram’s commissioner of police and the investigating officer be removed from the probe.
The police officers were issued a show-cause notice seeking an explanation on why no disciplinary action should be taken against them.
The court also criticised the judicial magistrate for not ensuring that the matter was investigated under Section 6 of the POCSO Act.
It further pulled up the members of the Child Welfare Committee for handling the case in an allegedly insensitive manner.
“Who appointed these [Child Welfare Committee] members?,” Live Law quoted Kant as saying. “Acted as if the victim was a table or chair.”
The court said that it has doubts about the academic and professional qualifications of the committee members and asked the Haryana government’s Department of Women and Child Development to file an affidavit on why the current members were appointed to the panel, NDTV reported.
The court was hearing a writ petition filed by the parents of the child seeking a probe by either the Central Bureau of Investigation or the Special Investigation Team in the case.
Just 0.2% of readers pay for news. The others don’t care if it dies. You can help make a difference. Support independent journalism – join Scroll now.
We’re not driven by clicks or corporate interests – just honest, independent reporting. Keep us going. Support Scroll today!