In a 4-year-old rape case, the Supreme Court criticizes the Gurugram police and magistrate for being insensitive


The Supreme Court sharply criticised the handling of a rape case involving a four-year-old girl in Gurugram, raising serious concerns over both the police investigation and the manner in which the child’s statement was recorded.

A bench led by Chief Justice of India Justice Surya Kant expressed strong disapproval of the lack of sensitivity shown by authorities, particularly while dealing with a traumatised minor. The court questioned the conduct of the police, remarking that it was deeply troubling for such lapses to occur in a metropolitan city, and emphasised that officials failed to follow even the most basic legal responsibilities.

The bench also found it alarming that police allegedly asked the victim’s parents how they wished to proceed, stressing that it is the duty of law enforcement to register a First Information Report without hesitation in such cases. It further flagged serious procedural violations in the recording of the child’s statement, noting that the accused was present in close proximity during the process, which goes against established legal safeguards meant to protect victims.

Senior advocate Mukul Rohatgi, appearing for the victim’s family, highlighted multiple lapses during the hearing. He informed the court that the investigating officer had allegedly pressured the family to withdraw the case and pointed out irregularities in how the child’s statement was taken. He also raised concerns about the repeated movement of the child between different authorities, including the police station, child welfare office, hospital, and court, which he argued added to her trauma.

Taking serious note of the situation, the Supreme Court directed the Gurugram Police Commissioner and the investigating officer to appear before it with complete case records. It also asked the Haryana government to provide details about the number of women police officers in the force, underlining concerns about the handling of cases involving minors.

Additionally, the court sought an explanation from the judicial magistrate who recorded the child’s statement and directed that the response be submitted in a sealed cover due to the sensitive nature of the matter. A notice was also issued on the plea seeking an independent probe, either by the Central Bureau of Investigation or a Special Investigation Team, instead of the local police.

The case will be taken up again on March 25, when the court is expected to review the response from authorities and decide on further steps, including the possibility of transferring the investigation to an independent agency.


 

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