The Bombay High Court on Thursday expressed its dismay over the handling of a sexual assault case involving two minor girls in Badlapur, Thane district, describing the incident as “absolutely shocking” and stating that there can be “no compromise on the safety and security of girls.” The court’s stern remarks came during a review of the case following the assault that occurred inside a school washroom on August 12 and 13.
Presiding over the matter, Justices Revati Mohite Dere and Prithviraj Chavan criticized both the local school authorities for their silence and the Badlapur police for their sluggish response in registering the First Information Report (FIR). The FIR was only lodged on August 16, and the accused male attendant was arrested the following day, actions that the bench implied were too delayed to be effective.
The court took issue with the fact that it took a public protest for the police to act, highlighting a worrying dependence on public outrage to trigger law enforcement responses. “Unless there is strong public outburst, machinery wonโt move,” the court lamented, questioning the efficacy of the state’s response in such critical matters.
During the proceedings, the court also learned that the police had not yet recorded the statement of the second victim, a point of particular concern for the justices. The court was assured by Advocate General Birendra Saraf that steps were being taken to address these lapses, including the suspension of police officers involved and the recording of the victims’ statements.
In response to these systemic failures, the High Court directed the Special Investigation Team (SIT), set up by the government, to file a detailed report by August 27. This report is expected to outline the actions taken regarding the recording of statements and explain the reasons for the delay in registering the FIR and addressing the second victimโs case.
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The court also stressed the need for police to show support to the families of the victims, which it noted was lacking. It underscored the importance of maintaining public trust in the police and judicial systems, especially in sensitive cases involving minors.Adding to the legal ramifications, the court reminded that under the Protection of Children from Sexual Offences (POCSO) Act, failing to report an incident of sexual assault is itself an offense. The justices were firm in their directive that the school authorities, who were aware of the assault but did not report it, must also be held accountable.
