'Shame on them': SC slams Haryana Police in rape case
What's the story
The Supreme Court has intervened in the investigation of a four-year-old girl's rape case in Gurugram, Haryana. The court slammed the Haryana Police for allegedly trying to dilute the severity of the crime and constituted a Special Investigation Team (SIT) to take over. The SIT will be headed by Nazneen Bhasin, a senior woman Indian Police Service officer. It has also issued show-cause notices to the Gurugram Police Commissioner and other police officials associated with the investigation.
Investigation downgrade
Police trying to protect accused: SC
The Supreme Court observed that there was prima facie evidence of "aggravated penetrative sexual assault" under Section 6 of the Protection of Children from Sexual Offences (POCSO) Act. However, the Haryana Police had registered an FIR only for "aggravated sexual assault" under Section 10, a lesser offense. The court noted this as a clear attempt by the police to protect the accused. "It's a glaring case where police have made all-out efforts to protect the accused," it said.
Court
'Entire force made all attempts...'
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." "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."
Victim's trauma
Court disturbed by insensitive tactics used by police
The Supreme Court also expressed concern over the insensitive and unlawful investigation methods adopted by the Gurugram police, which led to further traumatization of the child victim. Chief Justice of India Surya Kant and Justice Joymalya Bagchi slammed these tactics, highlighting how they added to the child's trauma. "You're disbelieving a 4-year-old child... Shame on them! If the state has any respect for law, they will transfer them! The moment we take cognizance, you start arresting!" CJI said.
CWC scrutiny
CWC members questioned over qualifications
The court was particularly disturbed by a Judicial Magistrate recording the victim's statement near accused persons. "Why can't the police go to the house of the victim? Are they kings?" the Chief Justice asked. The Supreme Court also questioned the qualifications of Child Welfare Committee (CWC) members who handled the case. "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.
Court appearance
Other key directives issued by SC
The court also ordered a Max Hospital doctor to explain why he changed the medical report prepared after assessing the victim. The bench comprising Chief Justice Kant, Justice Joymalya Bagchi and Justice Vipul Pancholi was hearing a writ petition filed by the parents of the child seeking investigation by the CBI or SIT on the ground that the investigation by the Haryana police was unsatisfactory.