The Supreme Courtroom right this moment got here down closely on the Haryana police for derailing the investigation within the case of the rape of a 4-year-old lady in Gurugram, and constituted a Particular Investigation Crew (SIT) to take over the investigation.
The Courtroom noticed that the police tried to dilute the gravity of the offence. Although there was prima facie proof to point the offence of ‘aggravated penetrative sexual assault’ beneath Part 6 of the Safety of Youngsters from Sexual Offences (POCSO) Act, the police registered the FIR just for ‘aggravated sexual assault’ beneath Part 10, a lesser offence.
In a scathing order, the Courtroom noticed, “It is a evident case the place police have made all-out efforts to guard the accused.”
“The whole police pressure, from the Commissioner to the Sub Inspector, made all makes an attempt to show that the kid had no proof or that the mother and father didn’t make any sense. The file leaves no room for doubt that an offence beneath part 6 POCSO was apparently dedicated. The police nevertheless registered the FIR and downgraded the offence beneath part 10 attributable to undisclosed causes.”
The Courtroom constituted an SIT led by a senior lady IPS officer in Haryana police – Nazneen Bhasin IPS. The Courtroom directed that the Commissioner of Police, Gurugram and the investigating officer needs to be disassociated from the probe.
The Courtroom additionally issued discover to the delinquent cops to point out trigger why no disciplinary motion needs to be taken towards them.
A bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice Vipul Pancholi was listening to a writ petition filed by the mother and father of the kid in search of investigation by the Central Bureau of Investigation or a Particular Investigation Crew on the bottom that the investigation by the Haryana police was unsatisfactory.
Course of re-traumatized sufferer
The Courtroom additionally flagged varied issues within the course of, which led to the re-traumatisation of the sufferer.
“Trauma and plight of the kid was multiplied as a result of insensitive, reckless, irresponsible and utterly illegal methodology of investigation having been adopted by Gurugram police,” the Courtroom famous within the order.
Through the listening to, the bench, after perusing the report submitted by the State, expressed shock on the police investigaiton.
“If that is the standard of understanding sensitivity in case of a 4-yr previous youngster, what do you count on of the rule of regulation? You say it is not a case of rape however assault? We’re indicating what’s distressing. Highest police officers taking that stance to deliver down the offence to S.10! It is for courts to determine, not CWC” Justice Bagchi mentioned.
“The way in which household and youngster have been harassed! Baby went by way of extra horrifying expertise after what occurred along with her. Repeated victimization!” CJI Surya Kant famous.
“Worst type of disrespect to a sufferer!” Justice Bagchi added.
“You are disbelieving a 4 yr youngster… Disgrace on them! If the state has any respect for regulation, they’ll switch them! The second we take cognizance, you begin arresting!” CJI mentioned.
The Courtroom was additionally important of the Judicial Justice of the Peace for not guaranteeing that the matter was investigated beneath Part 6.
Courtroom slams the CWC
The Courtroom additionally pulled up the members of the Baby Welfare Committee for the insensitive method wherein they dealt with the kid.
“Who appointed these CWC members? Acted as if the sufferer was a desk or chair! They need to have gone to her home,” CJI Kant mentioned.
Within the order, the Courtroom recorded that it has critical doubts as as to whether the CWC members possessed the enough instructional {and professional} {qualifications} required to help in such issues. The Courtroom directed the CWC members to furnish their rationalization. The Courtroom additionally directed the Principal Secretary of Haryana to file an affidavit furnishing causes for appointing them.
The Courtroom additionally issued discover to a Physician of Max Hospital to elucidate the explanations for altering the medical report ready after analyzing the sufferer.
The Courtroom had taken up the matter on Monday, after Senior Advocate Mukul Rohatgi talked about the matter final Friday saying that it was a evident case the place a robust message should go from the Apex Courtroom.
On March 23, the Courtroom expressed sturdy disapproval of the style wherein the Haryana Police dealt with the investigation, terming the conduct of the probe “surprising” and insensitive. The Courtroom additionally took critical notice of the grievance that the Judicial Justice of the Peace recorded the assertion of the sufferer in shut proximity to the accused individuals.
It directed the Commissioner of Police, Gurugram and the Investigating Officer to stay personally current earlier than the Courtroom on March 25, with the entire file of the investigation. It additional requested the Periods Courtroom, Gurugram, to acquire the feedback of the Judicial Justice of the Peace who recorded the kid’s assertion. The State Advocate Common was additionally requested to furnish the names of girls IPS officers within the State.
Case : XXX v. STATE OF HARYANA | W.P.(Crl.) No. 123/2026
Look for petitioner: Sr. Adv Mukul Rohatgi, Adv Abhimanyu Bhandari, Adv Vaibhav Mishra, Adv Namsiha Gupta, Adv Pranay Shridhar Chitale, Adv Parth Sarathi, Adv Aditya Dutta, Adv Ekansh Mishra, Adv Kartika Sharma
