[Badlapur Assault Case] "Took Action Only After Public Outcry": Bombay HC Slams Police

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A Division Bench of Justices Revati Mohite Dere and Prithviraj Chavan expressed concern over the lack of action against the school authorities for failing to report the crime.

[Badlapur Assault Case] "Took Action Only After Public Outcry": Bombay HC Slams Police — [Badlapur Assault Case] “Took Action Only After Public Outcry”: Bombay HC Slams Police

Mumbai: On Thursday(22nd Aug), the Bombay High Court criticized the Maharashtra Police for lapses in investigating the sexual abuse case involving two 4-year-old girls at a school in Badlapur, Thane. The Court initiated the case suo motu based on newspaper reports.

A Division Bench of Justices Revati Mohite Dere and Prithviraj Chavan expressed concern over the lack of action against the school authorities for failing to report the crime.

The Court noted,

“These girls have spoken up, but many cases remain unreported. It takes immense courage to speak out about such matters. The Police did not fulfill their duties as they should have. If the police were sensitized, this situation could have been avoided.”

The Court also criticized the Badlapur Police for their delay in recording one of the victim’s statements, expressing shock at the lack of effort to take the statement of the second victim under Sections 161 and 164.

The Bench further pointed out the delay in registering the case, remarking that such delays discourage victims from approaching the police.

“In cases involving minors, the first step should be to register an FIR, yet the family was made to wait for hours. This deters the public from reporting these incidents.”

Although the State informed the Court that the officers responsible had been suspended, the Bench emphasized the importance of restoring public trust in the police, citing the Maharashtra Police motto:

सद्रक्षणाय खलनिग्रहणाय (Sadarakshanaya Khalanigrahanay), meaning “to protect the good and restrain the wicked.”

The case involves allegations that two kindergarten girls were molested by a housekeeping staff member at a Badlapur school on August 13. The parents reported the incident on August 16, but the First Information Report (FIR) was filed 11 hours after their complaint. The police subsequently arrested Akshay Shinde, a 23-year-old school attendant, who has been remanded in custody until August 26.

Public outrage over the incident has sparked protests.

Advocate General Birendra Saraf informed the Court that a Special Investigation Team (SIT) has been formed to investigate the case and that efforts will be made to expedite the process.

The Court also questioned whether the Protection of Children from Sexual Offences (POCSO) Act provisions had been followed and examined the case diary and FIR.

The Court pressed for action against the school authorities under the POCSO Act, expressing concern that such steps were not taken promptly. It also stressed the importance of counseling for the victims and directed the State to provide updates. Additionally, the Court questioned the omission of the second victim from the FIR and the delay in recording her statement.

The Court has ordered that all relevant case files and documents be presented at the next hearing, scheduled for Tuesday.

Case Title: High Court on its own motion v. State of Maharashtra