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Supreme Court Critiques Haryana Police Over Child Rape Case Investigation

The Supreme Court has sharply criticized the Haryana Police for their inadequate investigation into the rape of a four-year-old girl in Gurugram. The court accused the police of attempting to protect the accused and downplaying the severity of the crime. It highlighted the need for a more serious charge under the Protection of Children from Sexual Offences Act and established a Special Investigation Team to probe the case further. The court's remarks also included a call for accountability among police officials and the Child Welfare Committee, raising concerns about their qualifications and handling of the case. This situation has drawn significant attention as the child's parents seek a thorough investigation.
 

Supreme Court's Strong Remarks on Police Conduct


On Wednesday, the Supreme Court expressed its disapproval of the Haryana Police's handling of the investigation into the rape of a four-year-old girl in Gurugram. The court accused the police of attempting to obstruct the inquiry, as reported by a legal news outlet.


A bench comprising Chief Justice Surya Kant, Justice Joymalya Bagchi, and Justice Vipul Pancholi remarked that there were significant efforts made to shield the accused and downplay the severity of the crime.


The court highlighted that there was sufficient preliminary evidence suggesting that the crime constituted 'aggravated penetrative sexual assault' under Section 6 of the Protection of Children from Sexual Offences Act.


Despite this, the police only filed a first information report for 'aggravated sexual assault' under Section 10, which is a lesser charge. The court pointed out that while Section 6 carries a minimum sentence of 20 years, Section 10 only mandates a 10-year sentence.


The bench criticized the entire police hierarchy, stating that they attempted to discredit the child's testimony and the credibility of her parents.


Chief Justice Kant remarked on the additional trauma the child faced, emphasizing the repeated victimization she endured. He expressed outrage at the disbelief shown towards a four-year-old child, stating, 'Shame on them.'


In response to the situation, the court established a Special Investigation Team led by Indian Police Service officer Nazneen Bhasin to further investigate the case. It also ordered the removal of Gurugram's police commissioner and the investigating officer from the case.


The police officials were served with a show-cause notice, demanding an explanation for why disciplinary action should not be taken against them.


The court also criticized a judicial magistrate for failing to ensure that the investigation was conducted under Section 6 of the POCSO Act.


Additionally, the court expressed dissatisfaction with the Child Welfare Committee's handling of the case, questioning the qualifications of its members and demanding an affidavit from the Haryana government's Department of Women and Child Development regarding their appointment.


The court's remarks came during the hearing of a writ petition filed by the child's parents, who sought an investigation by either the Central Bureau of Investigation or a Special Investigation Team.