New Delhi [India], April 10 (ANI): The Supreme Court on Friday took strong exception to the alleged mishandling of the investigation by the Ghaziabad police in a gruesome case involving the rape and murder of a 4-year-old child.
The Court flagged serious lapses and expressed concern over the insensitive approach adopted by the authorities in dealing with the case.
Noting glaring deficiencies in the probe — including the initial failure to invoke charges of rape under the Bharatiya Nyay Sanhita (BNS) and aggravated penetrative sexual assault under the POCSO Act — a Bench led by the Chief Justice of India (CJI) Surya Kant sought explanations from the Commissioner of Police, Ghaziabad and the SHO Nandnagri and directed their personal appearance on the next date of hearing.
The Court observed that there was complete indifference and insensitivity in the manner in which the investigation was initially handled, on the part of the police
“FIR was registered one day after the incident… The victim is a 4-year-old child… The post-mortem report shows injuries to the private parts, indicating a blunt object attack… No proper inquiry has been conducted so far… The police are presently investigating the offence of murder… A villager picked up the child and rushed her to the hospital… There appears to be a hush-hush approach surrounding the incident”, the Court noted.
The case arises from the alleged rape and murder of a four-year-old child, where the sequence of events and the initial response have come under serious scrutiny.
Serious concerns have also been raised by the counsel appearing for the petitioner (father of the deceased minor victim) regarding the conduct of the authorities and treatment of the victim’s family.
“The petitioners and family members were allegedly locked up and assaulted… They were also asked to remain silent about the incident… The petitioners have lost faith in the local police and the two private hospitals”, the Court noted.
The Court was further informed about the lapses in the registration of offences and medical documentation.
“FIR No. 1 invokes Sections 302 and 201 IPC… No offence under the POCSO Act was initially registered… Section 376 IPC was later added despite the apparent case of sexual assault… The accused was apprehended on March 18 after the seriousness of the offences was realised”, the Court noted.
On the medical and evidentiary front as well, deficiencies have been pointed out before the Court.
“The panchnama does not record whether the victim child was wearing any clothes… It is recorded that her private parts were injured and bleeding… The post-mortem report notes several injuries and presence of blood on the private parts… The doctor who conducted the post-mortem also, unfortunately, failed to properly address certain aspects”, the Court noted.
After taking serious note of submissions, the Court issued notice to the respondent authorities and fixed the matter for further hearing on Monday. It directed the concerned authorities to respond promptly. The Court asked the Commissioner of Police, Ghaziabad, and the SHO of Nandgram to remain personally present on the next date of hearing. It also directed the police to take appropriate steps in accordance with the law.
The Court decided not to issue notice to the CBI at this stage. It further directed that the identity of the minor victim must not be disclosed in any manner. The matter will be taken up again on Monday.
The Court also examined the police report regarding the injuries sustained by the accused and noted that the manner in which the police shot the accused in the leg is “very interesting”, implying that it was deliberately done to evade mishandling. The Court found it necessary to seek clarification on this aspect. It specifically directed the personal presence of the Commissioner of Police, Ghaziabad, to explain the circumstances surrounding the incident.
“The police report regarding how the accused suffered gunshot injuries is very interesting”, Justice Joymalya Bagchi remarked. The victim’s family was represented by Senior Advocate N Hariharan. (ANI)