In a sharp rebuke, the Supreme Court of India on Wednesday pulled up the Gurugram Police over its handling of an alleged sexual assault case involving a four-year-old girl, questioning why disciplinary action should not be initiated against officials accused of shielding the perpetrators.
SC Flags “All-Out Effort” To Protect Accused
The bench, led by Chief Justice Surya Kant along with Justices Joymalya Bagchi and Vipul M Pancholi, expressed concern that authorities appeared to have made “all-out” efforts to shield the accused rather than support the victim, as per Live Law.
According to police reports, the child was allegedly abused over a two-month period by two female domestic workers and a male accomplice at a residential society in Sector 54, Gurugram.
The court was informed that the survivor’s statement had been recorded in the presence of the accused, a serious violation of due process.
SIT Ordered, Records To Be Handed Over
Taking note of the irregularities, the court directed the Haryana government to constitute a Special Investigation Team without delay. It also ordered the Gurugram Police to transfer all case records to the SIT by Thursday.
The move is aimed at ensuring an impartial probe into the allegations and the conduct of the investigating officials.
“Worst Form Of Disrespect To A Victim”
Senior Advocate Mukul Rohatgi, appearing for the victim’s family, alleged that the investigating officer pressured the parents to withdraw the FIR.
He also pointed out that the child’s testimony was recorded under inappropriate conditions, with a Magistrate asking her to speak the truth while the accused stood nearby. He described the process as deeply flawed and harmful.
Justice Bagchi termed the lapses the “worst form of disrespect to a victim,” while Chief Justice Surya Kant strongly criticised the authorities for dismissing the child’s account despite CCTV evidence.
The Chief Justice of India criticised the authorities, saying that if the state had any respect for law, the officials involved would be transferred. He remarked that the moment the court took cognizance, arrests began, and expressed disapproval by declaring shame on them.
Concerns Over Handling Of POCSO Cases
Rohatgi further alleged that the woman officer handling the case had previously been suspended in another POCSO matter involving bribery. He added that the child was repeatedly taken between the police station, Child Welfare Committee, magistrate’s court, and hospital, compounding her trauma.
He urged the court to frame clear guidelines to ensure that pre-trial procedures in sensitive cases are conducted with care and dignity, so that victims are not subjected to further distress.
