Karnataka High Court pulls up police for shoddy probe into sexual harassment of minor daughter by father

The Karnataka High Court has recently pulled up the Koramangala Police for their shoddy investigation in a case where a man stood accused of sexually harassing and molesting his four-year-old minor daughter..In an order passed last month, Justice M Nagaprasanna allowed a petition filed by the victim child's mother (wife of the accused) to direct further investigation in the case..Upon examination of the chargesheet by the High Court, it became evident that the investigation exhibited nine significant deficiencies..The loopholes noted by the High Court included the failure of the police to record statements made by the victim incriminating the accused, the failure to seize mobile devices and laptops which were stated to have incriminating videos and photos, the omission of a report by a psychologist who examined the child and the failure to take statements from relatives. ."All the nine rungs which are in the considered view of the Court vital piece of evidence have been deliberately let off by the Investigating Officer. If this would not form the ingredients of a shoddy investigation, I fail to understand as to what would," Justice Nagaprasanna remarked. .The judge also opined that the investigation appeared to have been conducted by the police "in a mortal hurry" solely to meet the deadline for filing the chargesheet.The Court further noted that despite the serious nature of the offenses alleged, the police did not request a custodial interrogation of the husband. ."On the bedrock of the principles laid down by the Apex Court ... and the lacunae that is projected by the petitioner and accepted in the course of the order, it would lead to an unmistakable conclusion that the case at hand requires further investigation," the High Court concluded. .Justice Nagaprasanna proceeded to direct that the probe should be handed over to a different investigating officer since the earlier investigating officer appeared to have been partial to the accused..The investigating officer so tasked with conducting the investigation further should conclude it within three months after being entrusted with the probe, the Court said. "While further investigating, the Investigating Officer shall bear in mind the observations made in the course of the order," the Court added..The wife (petitioner) of the accused had moved the High Court for relief after a sessions court dismissed her plea for further investigation last January..A complaint had been filed against her husband alleging that he was sexually perverted, addicted to watching pornography, and had been sexually harassing and molesting his four-year-old daughter.The accused was stated to have persistently pressured his wife as well to have sexual relations in the presence of the minor child. The petitioner claimed that the accused would physically assault and verbally abuse her if she resisted such demands. She proceeded to file a complaint under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) in August last year. Her husband was arrested in the following month, but released on bail weeks later after a chargesheet was filed and after the police did not insist on keeping him in their custody. .Since the High Court has now ordered a further investigation to be conducted in the matter, the trial court was asked not to proceed further with the case until the further investigation report is filed. .Senior Advocate Sandesh J Chouta and advocate Sampreeth V represented the petitioner. Advocate KP Yashodha represented the respondent..[Read Order]