Supreme Court flags “complete indifference” by police in Ghaziabad child rape and murder, orders SIT probe

The Supreme Court on Friday expressed shock at the insensitivity by hospitals and police in the handling of a four-year-old’s rape and murder in Ghaziabad.

A Bench of Chief Justice of India Surya Kant and Justices Joymalya Bagchi and Vipul Pancholi said that there was “complete indifference and insensitive approach" by both private hospitals and local police and hence, ordered a probe by a special investigation team (SIT) into the case.

“The most shocking part of the alleged offence is that it exhibits complete indifference and insensitive approach of two private hospitals as well as the local police,” the CJI observed.

The Court was hearing a plea by the child's father raising serious lapses in investigation and medical response in the case.

Senior Advocate N Hariharan, appearing for the petitioner, submitted that the FIR was registered a day late, hospitals refused admission, and a blunt object was inserted into the child’s private parts, as reflected in the post-mortem.

The incident allegedly transpired on March 16, when the child’s father returned home and a neighbour took her with him on the pretext of buying chocolate.

When they did not return, a search was initiated. The child was later found unconscious and covered in blood.

“The doctor in the private hospital refused to take her in… She was taken to another private hospital where the child was denied admission. Finally the child was taken to Ghaziabad district hospital where she was declared dead,” the Court noted.

The Bench further recorded that the trauma was compounded when the matter reached the police.

“Instead of taking cognizance the petitioner and the family members were physically assaulted. They were asked to remain silent about the incident. FIR 129/2026 was then lodged on next day that is on March 17,” the Court noted in its order.

It also flagged glaring inconsistencies in the investigation.

“FIR was under sections similar to 302 and 201 of IPC. No offence under Protection of Children from Sexual Offences Act (POCSO Act) or Section 376 was lodged though the case was apparent case of sexual assault,” the Court said.

The accused was apprehended only on March 18, the Bench further noted.

The Bench noted deficiencies in medical and spot documentation as well.

Taking note of the allegations, the Court said it was satisfied that a court monitored time bound SIT by central agency is required.

It directed the State to file a status report and asked the Commissioner of Police of Ghaziabad and the Station House Officer of Nandgram police station to remain personally present before the Court on the next date of hearing on April 13.

The Court also issued notice to the two private hospitals that had allegedly refused treatment to the child.

The Court further ordered that the identity of the child and her family members shall not be disclosed and “any such info shall be redacted.”

The Bench added that “no coercive action” shall be taken against the petitioner or witnesses in the case.

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