Coming down heavily on the police in Haryana's Gurugram over the alleged rape of a four-year old, the Supreme Court on Wednesday asked why should action not be taken against the officials, alleging “all-out” efforts were made to protect the accused. The Supreme Court of India (PTI file)
A four-year-old girl was allegedly sexually assaulted by two female domestic helps along with their male accomplice for approximately two months in a society in Sector 54, according to PTI news agency, which cited police.
The Supreme Court was hearing the case of where it was informed that the Magistrate recorded the survivor's statement in presence of the accused.
A bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and Vipul M Pancholi was hearing the matter.
“It's a glaring case where police has made all-out efforts to protect accused. Unwarranted report submitted...We doubt academic or professional qualifications or their ability to render any valuable assistance in such matters,” the Supreme Court said, rapping the Gurugram Police.
The top court directed the Haryana government to expeditiously notify the Special Investigation Team (SIT), asking Gurugram Police to hand over case records by Thursday.
On March 20, the top court had agreed to hear the plea seeking a CBI or SIT probe into the rape of the four-year-old girl in Gurugram.
The apex court on Wednesday constituted three-member SIT comprising Haryana cadre women IPS officers to probe the three-year-old's rape case.
CJI tears into Gurugram Police Senior advocate Mukul Rohatgi had said in the previous hearing on March 23 that the minor was taken to the police station and then to the child welfare committee (CWC), where police personnel were in uniform. Moreover, she was questioned in front of the accused, who were standing four feet away from her, he alleged.
Justice Bagchi described the alleged lapses as “worst form of disrespect to a victim,” while CJI said tore into the officials saying, “You're disbelieving a 4 yr child going on CCTV! Shame on them! If state has any respect for law, they will transfer them! The moment we take cognizance, you start arresting!” according to LiveLaw.
Height of insensitivity exhibited in this case, the CJI said.
The chief justice asked who appointed the CWC members, saying they acted as if victim “was a table or chair”. They should have gone to her house, CJI Kant said.
The way family and child have been harassed! Child went through more horrifying experience after what happened with her. Repeated victimisation!" LiveLaw quoted CJI Kant as saying.
Slamming the investigative officials for “complete recklessness,” the CJI frowned upon the identity of the victim getting disclosed in all documents attached.
“Trauma and plight of the child was multiplied [due to] insensitive, reckless, irresponsible and completely unlawful method of investigation having been adopted by Gurugram police. The report of CWC members compounded victimization. Entire police force right from CP to SI have made every attempt...however, the facts that have been brought on record on affidavit or report of Judicial Magistrate leave no room to doubt that an offense under S.6 of POCSO Act was apparently committed,” the law portal quoted the order.