The Supreme Court criticised Ghaziabad police for reluctance in registering FIR and investigating a child rape murder case. It noted a chargesheet was filed under POCSO, while emphasising prompt action in such serious offences.
NEW DELHI: The Supreme Court criticised the “reluctance” shown by the Ghaziabad police in registering an FIR and in carrying out an investigation into the rape and murder case involving a four-year-old girl.
A bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi was told by Additional Solicitor General Aishwarya Bhati, appearing for the police, that a charge sheet dated April 3 had been filed under the enhanced provisions of the Protection of Children from Sexual Offences Act (POCSO). Bhati also submitted that the trial court has taken cognisance of the charge sheet.
The Supreme Court directed the police to provide a copy of the charge sheet to the victim’s family. The court further ordered two private hospitals Khajan Singh Mannvi Health Care and St Joseph Hospital which were alleged to have denied treatment to the girl who later died in a government hospital to file affidavits in response to the allegations.
The CJI remarked during the hearing,
“There was reluctance in lodging FIR, reluctance in investigation, everything,”
The case was being heard on a petition filed by the victim’s father, a daily wager, who sought a court-monitored investigation either through a special investigation team (SIT) or the Central Bureau of Investigation (CBI).
On March 16, the girl was allegedly lured by a neighbour on the pretext of buying chocolates. When the child did not return, her father began searching and reportedly found her unconscious, lying in blood.
During the proceedings, the bench noted that the police had filed a status report.
The bench said,
“Before adverting to the various issues that we have briefly flagged in the April 10 order, we direct the police authority to supply a copy of the charge sheet to the family of the victim,”
Senior Advocate N Hariharan, appearing for the father, argued that there was an attempt to shield the hospitals and claimed the child died because medical intervention was not provided at the critical time. He submitted that the Supreme Court has repeatedly held that medical treatment cannot be refused and that the girl may have survived if timely care had been offered.
Hariharan also argued that while the police had recorded that the minor was not found breathing, the video evidence suggests otherwise. He further pointed out that although the incident occurred on March 16, no FIR was registered until 3:30 am on March 17. He said the FIR related only to murder and did not mention rape or aggravated sexual assault.
The senior advocate said,
“The FIR was registered only in relation to murder. There was no mention of rape or aggravated sexual assault in it,”
The bench noted that it understood the petitioner’s concerns, but said the prosecution should be targeted more specifically at the accused against whom allegations have been levelled. It asked Hariharan to review the charge sheet.
The Supreme Court observed,
“At the same time, in our over anxiety of constituting the SIT, let us not delay the process,”
The court said that after examining the charge sheet, the petitioner may indicate whether there are gaps and whether an SIT is needed. The bench clarified that it was not closing the issue and adjourned the matter for hearing next week.
Earlier, during the hearing on April 10, the apex court had sharply criticised the Ghaziabad police for what it called an “insensitive approach” while investigating the case. It had issued notices to the state government, the station house officer of the concerned police station, the two private hospitals, and the executive magistrate.
The court had directed the police and hospitals to ensure that the identity of the victim and her family members was not disclosed and that any such details be redacted from records. It also asked the state police not to harass the victim’s family members.
The bench had expressed shock that the two private hospitals in Ghaziabad refused to admit the bleeding child, after which she was declared dead at a government hospital.
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