Two Nursery Kids Sexually Assaulted in School: Bombay HC Lashes Out at State

By Legal Wires 8 Minutes Read

The Bombay High Court recently expressed severe discontent with the Maharashtra Government over the inadequate investigation in a rape case involving a minor girl. The court, particularly a division bench comprising Justices Ajay Gadkari and Dr. Neela Gokhale, highlighted numerous deficiencies in the investigation, particularly concerning the termination of the minor’s pregnancy and the mishandling of crucial evidence by a private hospital in Mumbai. The judges also criticized the Maharashtra Police for their delayed response in cases of crimes against women and children, questioning the effectiveness and sensitivity of law enforcement in such matters.

Criticism of Maharashtra Police’s Investigative Approach

• The Bombay High Court criticized the Maharashtra Police for their apparent lack of urgency in investigating crimes against women and children, citing a recent case in Badlapur where two kindergarten girls were sexually assaulted by a cleaner.
• Justice Gadkari questioned, “Unless people protest, your department won’t investigate? Is the State of Maharashtra trying to give us a signal that unless people protest, it won’t take crimes against women seriously?”
• The court expressed its frustration after Additional Public Prosecutor Ashish Satpute informed them that Deputy Commissioner of Police (DCP) Pournima Chowgule-Shringi was busy managing law and order due to the August 20 protests in Badlapur.

Deficiencies in Rape Case Investigation

• The court noted the shoddy investigation in the rape case of a minor girl whose four-and-a-half-month-old fetus was aborted, with all evidence discarded by the private hospital.
• The bench lamented, “Every day, we come across at least four cases of serious crimes against women which aren’t probed properly… This is pathetic.” The judges further questioned the competence of the officers assigned to such sensitive cases.
• The court remarked that the State Government should publicly declare its inability to investigate such cases if they cannot be handled properly, stating, “Why doesn’t the State of Maharashtra declare that probe in offences against women and children will henceforth, not be probed properly or would not be probed at all.”

Mishandling of Evidence and Judicial Criticism

• During the afternoon session, the DCP Chowgule-Shringi appeared before the judges. The court inquired about the police’s lack of awareness regarding the hasty abortion of the minor, which took place in May 2022.
• The bench questioned the actions of the hospital, stating, “How can the hospital carry out termination of a four-and-a-half-month fetus by consent of the minor girl, who lodged the rape case against the accused? And worst is how can the hospital not maintain the evidence and go ahead and discard the entire evidence despite our clear orders?”
• The judges further pressed the DCP on how the police would prove the accused impregnated the victim, asking, “What if the court says the 164 statements are not inspiring confidence? Where does the case go then? Will this not help the accused?”

Petition to Quash FIR and Further Judicial Orders

• The bench expressed dismay at the plea filed by one of the three accused to quash the First Information Report (FIR) in the gang rape case on the grounds of consent.
• The judges ordered the DCP to submit a comprehensive affidavit detailing the future steps in investigating the case and the actions to be taken against the hospital for destroying evidence.
• The court also directed police authorities to investigate whether the consent obtained by the accused, Tarun Singh, from the victim and her family to quash the FIR was fraudulent or obtained under pressure.

Allegations of False Implication in Another Case

• In a separate case involving an alleged false kidnapping case filed at Bhayander Police Station, the bench questioned whether the Investigating Officer (IO) should be made an accused for falsely implicating an individual.
• The court observed, “How can the IO implicate anyone in a bogus case? How can he violate the fundamental right to liberty of an Indian citizen?” The judges directed the Additional Public Prosecutor to seek instructions from the Advocate General and the Commissioner of Police, Mira-Bhayander, on whether the IO should be made an accused.

Protests in Badlapur Over Sexual Assault of Young Girls

• A massive protest erupted in Maharashtra’s Thane district following the sexual assault of two four-year-old girls at a school, which led to violent clashes between protesters and the police at Badlapur railway station.
• The situation escalated as thousands of protesters blocked train movements and demanded the death penalty for the accused, a 23-year-old cleaner.
• The police resorted to batons and tear gas to disperse the crowds, and three officers involved were suspended after it was revealed that the parents of the victims were made to wait 11 hours before their FIR was filed.
• The Leader of Opposition in the Maharashtra Assembly, Vijay Wadettiwar, stated that the incident was “bigger” than the rape-murder of a young doctor in Kolkata, emphasizing the young age of the victims.
• The Deputy Chief Minister Devendra Fadnavis has ordered the formation of a Special Investigation Team led by a woman IPS officer to investigate the case, and a proposal for a fast-track court has been requested to expedite the trial.
• The National Human Rights Commission has issued notices to the Chief Secretary and the Director General of Police of Maharashtra, demanding a detailed report on the incident, including the reasons behind the reported 12-hour delay in registering the FIR.

Sources:

• https://timesofindia.indiatimes.com/city/mumbai/maharashtra-horror-massive-protest-near-mumbai-over-kids-molestation-at-badlapur-school/articleshow/112642882.cms
• https://www.livelaw.in/high-court/bombay-high-court/unless-people-protest-you-wont-take-offences-against-women-seriously-bombay-high-court-raps-maharashtra-police-267312

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