Characterizing the Haryana Police’s investigation into the sexual assault of a three-year-old girl as “shameful” and “insensitive,” the Supreme Court of India on Wednesday stripped local authorities of the probe and constituted a Special Investigation Team (SIT) comprised of women IPS officers to ensure a fair inquiry.
A bench led by Chief Justice Surya Kant, along with Justices Joymalya Bagchi and Vipul M. Pancholi, expressed deep indignation over the Gurugram Police’s handling of the matter, particularly the decision to downgrade the severity of the charges in the First Information Report (FIR) filed under the Protection of Children from Sexual Offences (POCSO) Act.
The top court’s intervention follows a series of alleged lapses by the Gurugram Police. The bench questioned why the police failed to visit the victim’s residence, asking pointedly, “Why cannot the police go to the victim’s house? Are they kings?”
The court further noted with concern that an officer who did eventually visit the victim was subsequently arrested on corruption charges. “The entire police force from commissioner to the sub-inspector made all attempts to prove that the child had no proof and the parents did not make any case,” the bench observed.
In a significant move to protect the integrity of the judicial process, the court directed the Haryana government to immediately notify the all-women SIT and ordered the Gurugram Police to handover all case records to the new probe panel.
The Supreme Court’s scrutiny extended beyond the police force. The bench issued show-cause notices to:
- Gurugram Police Officials: To explain why action should not be taken against them for a “shoddy” investigation.
- Gurugram Child Welfare Committee (CWC): To show cause as to why the members should not be removed, noting that their conduct—as detailed in a February 5 report—had “compounded the victimisation” of the child.
- Private Hospital Doctor: The court pulled up a doctor for allegedly changing her version of the child’s statement, labeling the act as “shameful.”
The bench maintained that there was “no room for doubt” that a serious offence under Section 6 of the POCSO Act had been committed.
To further ensure a sensitive and unbiased trial, the Supreme Court directed the Gurugram District Judge to entrust the case to a senior woman judicial officer currently presiding over a POCSO court in the city.
The case involves the alleged repeated sexual assault of a three-year-old girl by two female domestic helps and a male accomplice over a two-month period at a residential society in Sector 54, Gurugram.
