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Month on, Chandigarh police yet to submit challan in 10-year-old’s rape case
The case was highlighted after the school-going girl was found to be nearly 30 weeks pregnant when she was taken for a checkup to Government Medical College and Hospital (GMCH), Sector 32.
The Chandigarh Police have failed to present a challan against the security guard who was arrested more than a month back on charges of raping and impregnating his 10-year-old niece.
On Thursday, the victim gave birth to a bay girl. However, the trial against the accused, her maternal uncle, is yet to see the light of the day. The case was highlighted after the school-going girl was found to be nearly 30 weeks pregnant when she was taken for a checkup to Government Medical College and Hospital (GMCH), Sector 32.
On one hand the police claims to have completed their investigations and submitted the challan to the district attorney (DA) in the Chandigarh district court over a week ago, while on the other, public prosecutors maintain that the same has yet not been committed and put up before the special court for POCSO cases.
Speaking to Hindustan Times on condition of anonymity, one of the public prosecutors said, “The challan can be submitted within 90 days from the day of the FIR. We still have some time.”
Meanwhile, sources said the police file was sent back after the judicial officers concerned raised objections. Despite repeated attempts, deputy superintendent of police Deepak Yadav could not be reached for his comments on the matter.
Delay in submitting challan hampers case: Lawyers
In the past, it has been advocated that challans in cases of crimes against women, especially those involving minors, must be submitted within 30 days of the crime. The same was highlighted in the aftermaths of the Nirbhaya gangrape case. On December 31, 2012, the Haryana cabinet had also resolved to file challans in all cases relating to women, children and weaker sections within 30 days.
Inderjit Bassi, a lawyer at the Chandigarh district court, said, “If the challan is submitted in time, it helps in speeding the trials. Otherwise, the process of getting DNA sampling and CFSL reports gets delayed.’
A deputy district attorney at the said court, requesting anonymity, said, “It is preferred that challan in such cases is submitted in time. The Chandigarh administration had issued a notification in this regard in the past. However, we can’t say it is mandatory. Sometimes, investigation also requires additional time.”
Speaking in a similar vein, Gursharan Kaur, a criminal lawyer, said, “Timely submission of challan is a must as any delay in it results in further victimisation of the victim.”
Samples collected for DNA profiling
Meanwhile, the police have asked the jail authorities to furnish blood samples of the accused for DNA profiling. The samples of the newborn and the 10-year-old mother were collected on Thursday for paternity test. The samples have been handed over to the investigating officer, who will send them to CFSL for testing.
On the other hand, the accused who is lodged in Burail Jail was reportedly indifferent to the news of his niece delivering a baby girl. He was arrested on July 14 after the victim’s medical examination confirmed her pregnancy. Police has said the accused had raped the victim six to seven times.
