The Supreme Court of India has expressed strong disapproval regarding the handling of a rape case involving a four-year-old girl in Gurugram. The court criticized the Haryana Police and a judicial magistrate for their insensitivity and failure to appropriately manage the case. Chief Justice Suryakant, leading the bench, raised concerns about both the investigation process and how the child’s statement was recorded. During the hearing, the Chief Justice remarked, “What kind of insensitivity has the police developed? In a so-called metropolitan city, this is happening. You are dealing with a traumatized child.”

The Supreme Court found it troubling that police allegedly inquired how the victim’s parents wanted to proceed with the case. The bench questioned the police’s fundamental understanding of their responsibilities, stating, “Is it not their duty to register an FIR?” The Chief Justice further criticized the manner in which the magistrate took the child’s statement, noting that the accused was present during the recording, which violates legal protocols.

Issues Raised by Victim’s Counsel

Senior Advocate Mukul Rohatgi, representing the victim’s parents, highlighted the pressures exerted by the investigating officer on the family to withdraw the FIR. He raised concerns about the circumstances surrounding the recording of the child’s statement, contending that the magistrate’s insistence on the child taking an oath was inappropriate given her age. Rohatgi pointed out that the accused should never have been allowed in close proximity to the child during this sensitive process.

Rohatgi reported that the female investigating officer had previously faced suspension in a different POCSO case due to bribery allegations, further complicating the situation. He also noted that the child was repeatedly transported between the police station, Child Welfare Committee office, magistrate’s court, and hospital over several days, which likely intensified her trauma. Rohatgi emphasized that such methods only exacerbate the victim’s psychological distress, to which the investigating officer responded with irritation when alternative measures such as home visits were suggested.

Supreme Court Directives to Authorities

In light of these serious concerns, the Supreme Court ordered the Commissioner of Gurugram Police and the investigating officer to present the complete case record before the court. Additionally, the Haryana government was instructed to provide information about the number of women police officers in its force, emphasizing the need for effective management of cases involving minors. The bench has also issued a notice regarding a petition calling for an investigation by the CBI or a Special Investigation Team (SIT), rather than the local police.

The court has directed the sessions court in Gurugram to seek an explanation from the magistrate responsible for recording the child’s statement, with the response to be submitted in a sealed cover to maintain confidentiality. The affidavit submitted by the victim’s parents will also be kept sealed due to the sensitivity of the case. The Supreme Court is set to revisit this matter on March 25, where it will assess the police’s response and evaluate the possibility of transferring the investigation to an independent agency.

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