Sexual assault of 4-yr-old: SC rebukes Haryana police for insensitivity in handling probe

New Delhi: The Supreme Court on Monday came down heavily upon the Gurugram police for displaying "insensitivity" in handling the investigation into the alleged sexual assault of a four‑year‑old girl at a city condominium.

The top court emphasised that the authorities ought to have shown greater sensitivity during the probe, given that the victim was a deeply traumatised child.

A bench of Chief Justice of India Surya Kant and Justices Joymalya Bagchi and Vipul M Pancholi directed the Gurugram police commissioner to appear before it on March 25 with the complete investigation record, hinting at setting up of an SIT of senior women police officers. The incident reportedly involved two domestic maids and their male accomplices.

Senior advocate Mukul Rohatgi, appearing for the parents, said the magistrate stated the child would not understand the oath and asked her to speak the truth about the incident while the three accused stood in the same room. Rohatgi said the law requires a screen and pointed to the child's trauma. He contended, "The accused can't be in confrontation with the child."

Rohatgi argued that the woman investigating officer asked the parents to withdraw the FIR, and the IO was suspended for taking a bribe in another POCSO case.

"How was this re-identification done? Was she shown photographs," the bench asked. Rohatgi replied, no, while adding that the matter demands interference by the apex court since the action violated basic safeguards under child protection laws.

The bench was informed that the mother was present when the magistrate recorded her statement and when the child was brought in front of the accused.

"What kind of insensitive your police have become…in this kind of incident, it was never expected. That to happening in your so-called metropolitan city….you are dealing with a 4-year-old traumatised child," the bench told the state's counsel. The state's counsel said the SHO has now investigated the matter.

The court said that it was shocking to note that the police officer asked the parents ‘what do you want?’

The bench said it was compelled to review the investigation and indicated it might set up a special investigation team (SIT) comprising senior women police officers.

The apex court further indicated that the trial could be transferred to another court, after serious concerns were raised over the manner in which the magistrate recorded the child's statement.

"When someone comes to you with a complaint of this kind, isn't it your duty to register an FIR immediately? Have you forgotten the first principle of law," the bench asked the state counsel.

Rohatgi argued that there is a “complete dereliction of duties” by both the police and the magistrate. The bench questioned the delay in arrests, noting that action was taken only recently.

The bench directed the Gurugram police commissioner and the investigating officer to remain present on the next date with all case records. The bench also asked the state to furnish details of three senior women police officers.

The court directed that the father's affidavit would be kept in a sealed cover and forwarded to the district and sessions judge, Gurugram, for comments from the magistrate on regarding recording of the child’s statement.

The plea sought a court-monitored probe into the incident at a condominium in Gurugram, where two housemaids and their male associates are accused of sexually assaulting the infant.