Shocking: Supreme Court summons IO and Police Commissioner over handling of Gurugram minor rape case

The Supreme Court on Monday raised serious concerns over the investigation by police into the sexual assault of a four-year-old girl in Gurugram, especially the conduct of the police towards the child [XXX vs State of Haryana]

A Bench of Chief Justice of India (CJI) Surya Kant and Justice JB Pardiwala said that the police were being insensitive in its handling of the matter after it was told that the norms and rules concerning child victims were being flouted and the investigating officer was putting pressure on the victim's family to withdraw the case.

“What is this kind of insensitivity. You are dealing with a four year old child. Who is investigating this?” the Bench asked.

The Court then ordered the investigating officer (IO) and the Gurugram Police Commissioner to be present in court for the next hearing on March 25.

The Court was hearing a plea filed by the victim.

Senior Advocate Mukul Rohatgi, appearing for the victim, told the Court that the child was subjected to repeated and improper procedures during the course of the investigation.

“She was taken to police stations, then to Child Welfare Committee officials. Magistrate is telling the girl oath toh isko samajh nahi ayega but magistrate is telling three year old girl 'sach bolo sach bolo'. Accused were there. Accused cannot be in close proximity of the child,” he submitted.

Rohatgi further alleged that the investigating officer discouraged the family from pursuing the matter.

“IO says 'don’t pursue the case, you will get into problems'. The IO was suspended earlier for taking bribes in a POCSO case,” he said.

The Bench sought clarification on whether the child’s mother was present during these interactions.

“Were parents present?” the Court asked.

"Yes the mother was there,” Rohatgi said.

Concerns were also raised about the identification process.

When it was pointed out that the accused had been brought before the child, the Bench observed,

“In these situations identification should be through photos.”

Rohatgi added that the child was moved from one hospital to another repeatedly during the process.

“Child was shuffled from hospital to hospital,” he said.

He urged the Court to step in and lay down safeguards.

“Nobody seems to be bothered as if it’s a small thing has happened. Guidelines will have to be set for pre-trial where trauma is fresh and is only increasing by such probe. This can be done only in the Supreme court,” he submitted.

On behalf of the State, it was stated that a woman officer had initially conducted the investigation.

“A woman officer was probing. When she was suspended, the SHO took over. Please see the status report,” the State said.

After hearing the parties, the Court noted that the parents’ affidavit placed on record disclosed a “disturbing sequence of events.”

The Bench directed the Gurugram Commissioner of Police and the investigating officer to appear before the court on the next date with all records relating to the case.

The Court also directed the State to place on record details of women officers in the Haryana Police and ordered that the parents’ affidavit be kept in sealed cover.

“The father’s affidavit shall be sent through a special messenger to the district and sessions judge Haryana. Let the comments of the magistrate be furnished to this court through a sealed envelope,” the Court said.

The matter will be next heard on March 25.

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