A Division Bench of Justice Revati Mohite Dere and Justice Prithviraj Chavan will hear the matter at 10:30 AM on Thursday.
![[Badlapur Minor Assault] Bombay High Court Takes Suo Motu Cognizance, Will Hear the Matter Today](https://i0.wp.com/lawchakra.in/wp-content/uploads/2024/08/image-100-1.png?resize=549%2C309&ssl=1)
Mumbai: The Bombay High Court has taken suo motu cognizance of the sexual abuse incident involving two kindergarten students at a Badlapur school in Thane.
READ ALSO: Bombay High Court: Touching Not Equal to Penetrative Assault under POCSO Act
A Division Bench of Justice Revati Mohite Dere and Justice Prithviraj Chavan will hear the matter at 10:30 AM on Thursday.
A Bench consisting of Justices AS Gadkari and Neela Gokhale expressed dissatisfaction with the State’s handling of serious crimes and questioned whether public protests are necessary to spur the government into action.
“Does your department only investigate when people protest? Is the State of Maharashtra sending the message that unless there are protests, crimes against women won’t be taken seriously?”
the Bench questioned.
The Court also raised concerns about the increasing number of neglected cases.
“We are hearing about rape or POCSO cases almost daily. We encounter at least four cases of POCSO, rape, or other severe crimes against women every day, and these cases are not being properly investigated… This is unacceptable. Don’t you have specialized or female officers? Why are only constables and head constables handling these cases?”
the Court remarked.
His remarks followed after Additional Public Prosecutor Ashish Satpute informed the court that Deputy Commissioner of Police (DCP) Pournima Chowgule-Shringi, who had been summoned earlier in the day, was occupied with managing the law and order situation in Nallasopara, Thane district, following the protests in Badlapur on August 20.
The bench further expressed frustration, noting that they encounter at least four to five POCSO or rape cases daily where the police investigations have been inadequate.
The incident, which occurred on August 13 in the school restroom, involved two young girls who were reportedly sexually molested by a housekeeping staff member. The parents lodged a complaint with the police on August 16, and the First Information Report (FIR) was registered 11 hours later.
On August 17, the police arrested 23-year-old school attendant Akshay Shinde in connection with the assault. His police custody has been extended until August 26 by the local court.
READ ALSO: Hymen Rupture Not Essential in All Penetrative Assaults: Gauhati HC in POCSO Case
Public outrage over the incident has led to protests, with several individuals being arrested due to the resulting violence.
The Court expressed deep frustration over the police’s failure to preserve the aborted fetus, which was critical evidence in the rape case.
“All of this seems to be done to shield him from the law,”
the Court remarked.
Additional Public Prosecutor Ashish Satpute informed the Court that the victim’s father had taken her to Masina Hospital in Byculla without notifying the police.
“When we requested DNA samples, the hospital stated that they had destroyed the fetus on May 4, 2020,”
Satpute explained.
The Court then questioned,
“How will you prove the case now? You can only establish that she was pregnant, but by whom? How do you plan to do that? Every MTP order clearly instructs the preservation of tissues for DNA testing. A crucial piece of evidence has been destroyed. Section 376(2)(n) applies to a woman, not a minor. The victim was only 17 years old. How do you reconcile all of this?”
Later, while hearing another case involving the abduction of a young girl, the Court reiterated its discontent with the State’s handling of such cases.
“Should we declare that in the State of Maharashtra, investigations into offenses against women and children will either not be properly conducted or will be handled in the most casual manner?”
the Court remarked.
