Insensitive: Supreme Court slams Gurugram police in 4-year-old rape case

The Supreme Court on Monday came down heavily on the Haryana Police and a judicial magistrate over their handling of a rape case involving a four-year-old girl in Gurugram, flagging serious lapses and a lack of sensitivity in dealing with the child.

A bench led by Chief Justice of India Justice Suryakant expressed strong concern over both the investigation and the circumstances in which the child’s statement was recorded.

“What kind of insensitive has the police become? In a so-called metropolitan city, this is happening! You are dealing with a traumatised child,” the CJI observed during the hearing.

The court also found it “shocking” that police allegedly asked the victim’s parents how they wished to proceed. “Is it not their duty to register FIR? Don’t they understand the basics of the law?” the bench remarked.

The CJI further took note of the manner in which the magistrate recorded the child’s statement, pointing out that the accused was in close proximity, a clear violation of established legal safeguards.

MUKUL ROHTAGI FLAGS SERIOUS PROCEDURAL LAPSES

Appearing for the victim’s parents, Senior Advocate Mukul Rohatgi, citing details reported by Live Law, told the court that the investigating officer had been pressuring the family to withdraw the FIR.

He also flagged serious concerns about how the child’s statement was recorded. “Magistrate is telling the girl oath toh isko samajh nahi ayega...but Magistrate is telling the girl sach bolo sach bolo accused were there. The accused cannot be in close proximity of the child,” Rohatgi submitted.

Rohatgi further alleged that the investigating woman officer, was asking the parents to withdraw the case and had previously been suspended in another POCSO matter over bribery allegations.

He also told the court that the child was repeatedly taken between the police station, Child Welfare Committee office, magistrate’s court and hospital over several days.

“We requested home visit. SI reacted with irritation that we were being difficult,” he said, adding that the process itself added to the trauma of the victim.

Rohatgi urged the Supreme Court to frame guidelines to ensure that pre-trial procedures in such sensitive cases are handled with care and dignity.

DIRECTIONS ISSUED TO POLICE, MAGISTRATE

Taking serious note of the allegations, the court directed the Gurugram Police Commissioner and the investigating officer to appear before it on Wednesday with the full case record.

It also asked the Haryana government to disclose how many women police officers are part of its cadre, underscoring concerns over handling of cases involving minors.

The Supreme Court issued notice on the plea seeking a probe by the CBI or a Special Investigation Team (SIT), instead of the Gurugram Police. It also directed the police to file a detailed status report.

In addition, the court asked the Gurugram sessions court to seek an explanation from the judicial magistrate who recorded the child’s statement. The response is to be submitted in a sealed cover.

The affidavit filed by the victim’s parents will also remain in a sealed envelope, given the sensitive nature of the case.

The matter will be taken up again on March 25, when the court is expected to examine the police response and consider whether the investigation should be handed over to an independent agency.

- Ends

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