‘Insensitive’: SC pulls up UP cops for lack of appropriate offences in FIR in child rape case

The Supreme Court summoned UP police officials for failing to register proper offenses in a child's rape and murder case, demanding a time-bound SIT investigation.

The Supreme Court on Friday summoned senior Uttar Pradesh police officials for their “insensitive” approach in refusing to register appropriate offences over the alleged rape and murder of a four-year old girl and allegedly threatening the parents for pursuing the complaint.

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A bench headed by Chief Justice of India (CJI) Surya Kant said, “The facts and circumstances of the case pricks the conscience of the court. We are convinced that a court-monitored and a time-bound investigation by a special investigation team (SIT) or an independent agency is required.”

The incident in the present case took place on March 16 in Nandgram, Ghaziabad when the petitioner father returned from work and his neighbour, named as accused, took the girl outside on the pretext of buying her a chocolate. When she failed to return home, the petitioner set out to find her and saw the neighbour coming out from a nearby field. The child was found in the field lying in a pool of blood.

The bench, also comprising justices Joymalya Bagchi and Vipul M Pancholi said, “Shockingly, no offence under the Protection of Children from Sexual Offences Act (POCSO) was registered and nor the offence corresponding to rape (Section 376 of IPC) was added despite the fact it was an apparent case of sexual assault.” The post-mortem report recorded that the private parts of the child were injured and bleeding which suggested aggravated sexual assault on the child — a heinous offence under POCSO.

Posting the matter on Monday, the bench summoned the Ghaziabad Commissioner of Police to remain personally present along with the station incharge of Nandgram police station.

The court further sought responses from the two private hospitals which refused to admit the child. The bench said, “The most shocking part of the offence is that it also exhibits the complete inhuman and insensitive approach of the two private hospitals.” To ensure confidentiality of the child, the court further directed the police and hospital authorities to ensure the name of the child is not disclosed.

Senior advocate N Hariharan appearing for the petitioner said that the family has lost faith in the police. After lodging the complaint, the family and their neighbours threatened them to remain silent instead of taking cognisance of such a horrible crime. Even the accused neighbour was arrested more than 10 days after the incident, he said, pointing out that due to the constant harassment, the family has shifted from their current residence.

The bench directed the police not to take any coercive action against the petitioner’s family members or witnesses in the case. Though the petition names Central Bureau of Investigation (CBI) as a party, the court refrained from issuing notice to the agency at this stage while directing the UP police to be present with the entire case record.

When a lawyer for the UP government agreed to accept notice, the bench said, “You get advised on the manner in which your investigation was done. It is a very interesting report by police on how the accused suffered a gunshot injury during custody. How was the accused in custody carrying a gun?”

The petition threw up various other questions on how the doctor who conducted the post-mortem failed to record the aggravated sexual assault despite finding several wounds on her private parts by a blunt object and injury on her head. Even the complaint registered by the police did not record that the victim was wearing clothes in the lower part.

This is the second instance in the recent past where the top court has rapped the police for its lackadaisical handling of complaints of rape involving minors. Last month, the court admitted a petition filed by the father of a three-year-old minor who was allegedly sexually assaulted at a Gurugram condominium complaining against the local police’s refusal to arrest the accused despite the victim identifying her two maids and their male associate. The matter is now being investigated by a special investigation team (SIT) comprising three senior lady IPS officers serving in the state.

The top court, while dealing with the Gururgram child rape case had observed that the case is an “eye opener” and hinted at laying down guidelines to make police and courts more responsive and sensitive in dealing with similar complaints.