“We Are Appalled”: Bombay HC Slams Police Inaction In Recording Victim’s Statement; Takes Suo Motu Cognizance Of Sexual Assault On Toddlers In Badlapur
The Bombay High Court took suo moto cognizance of a case involving the sexual assault of two toddlers in Badlapur.
The Court was “appalled” by the fact that the Badlapur Police Station had not taken any steps to record the statement of the victim girl. The Bench noted that it was only after the Suo Moto PIL was registered on 21st August 2024 that “one of the victim girl’s father’s statement was recorded belatedly, post midnight.”
A Division Bench of Justice Revati Mohite Dere and Justice Prithviraj K. Chavan observed, “When we asked Dr. Saraf, whether the statement of the 2nd victim girl is recorded, we are told that it has not been recorded, till date. We are appalled by the fact that the Badlapur Police Station has not taken any steps to record the statement of the 2nd victim girl, either under 161 or 164 Cr.P.C, till date.”
AG Birendra Saraf represented the respondent State.
The Suo Moto PIL was initiated on the basis of the reports in a newspaper with respect to the sexual assault of two toddlers, aged about 4 years in Badlapur.
The Court noted that not only was there a delay in the registration of the FIR, but the School Authorities had also not reported the incident of sexual assault. “This is apparent from a perusal of the FIR, which shows that the School Authorities were well aware of the said incident of sexual assault. However, despite the same, the School Authorities failed to report the same to the police,” the Court remarked.
The State submitted that the Government constituted a Special Investigating Team (SIT) on 21st August 2024.
When the Court asked whether the statement of the 2nd victim girl was recorded, the Court was told that it had not been recorded to date.
“Again, when confronted whether the victims and their families have been given any support i.e. legal support or whether counselling was done, as mandated under the Protection of Children from Sexual Offences Act (`POCSO’), Dr. Saraf, the learned Advocate General assures the Court that all support will be extended to the victim girls and their families,” the Court remarked.
The Court stated the State was duty-bound to give support to the victims and their families under the POCSO Act. “In the cry of victims’ families and the society, for justice, the victims and their families’ rights under the POCSO Act, cannot be ignored,” the Bench observed.
Consequently, the noted, “Learned Advocate General states that since the SIT has taken over the investigation only yesterday, some time be granted to the new team to carry out the investigation.”
Accordingly, the High Court listed the matter for further hearing on August 27th, 2024.
Cause Title: High Court on its Own Motion v. The State of Maharashtra
Appearance:
Respondents: Advocate General Birendra Saraf; Public Prosecutor Hiten S. Venegavkar; APP P. P. Shinde
