SC Raps Police Over Handling Of Rape Case
The court directed that the affidavit filed by the victim’s father be placed in a sealed cover before the district and sessions judge, Gurugram, and asked for the judicial magistrate’s response on the manner in which the minor was examined: Reports
NEW DELHI: The Supreme Court on Monday flagged the handling of a case involving a four-year-old rape victim in Gurugram and directed the Commissioner of Police and the investigating officer to appear before it with the complete case records.
A three-judge Bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and Vipul M. Pancholi also sought responses from the Haryana government, Director General of Police, Gurugram Police Commissioner and the Deputy Commissioner of Police on a plea seeking a CBI or SIT probe.
The court directed that the affidavit filed by the victim’s father be placed in a sealed cover before the district and sessions judge, Gurugram, and asked for the judicial magistrate’s response on the manner in which the minor was examined. The matter has been posted for further hearing on Wednesday.
During the hearing, concerns were raised over the examination of the minor in the presence of the accused. Senior advocate Mukul Rohatgi, appearing for the victim, submitted that the child was questioned while the accused were in close proximity.
“Magistrate is telling the girl that 'isko oath toh samajh nahi ayega' (she will not understand about the oath) ... But the magistrate is telling the four-year-old girl that 'sach bolo, sach bolo' (speak the truth). Moreover, the accused were there…The accused cannot be in close proximity to the child,” he said.
The court observed that the sequence of events reflected in the parents’ affidavit was disturbing and sought details of women officers in the Haryana police cadre.
“Is this the way you are dealing with the four-year-old traumatised girl? Let us examine the legal knowledge of the police,” the Chief Justice said.
It was also submitted that the investigating officer had allegedly advised the parents not to pursue the case. The court termed the submission serious and observed that investigation must proceed irrespective of whether a complaint is pursued.
The court permitted Gurugram Police to file a status report on the investigation. It noted that arrests in the case were made after the matter was taken up for hearing.
The petitioners have sought transfer of the investigation to the CBI or an SIT, citing lapses in the probe.
