In a stern rebuke, the Bombay High Court has criticized the Maharashtra Police for their mishandling of a distressing case involving the sexual abuse of two four-year-old girls at a school in Badlapur, Thane. The court took suo motu cognizance of the issue based on newspaper reports, revealing a series of failures by the authorities.
A Division Bench comprising Justices Revati Mohite Dere and Prithviraj Chavan addressed the case, underscoring the gravity of the police's lapses. The Court expressed deep concern over the lack of action taken against the school authorities who failed to report the crime. "These girls have complained but several cases go unreported. It needs huge amount of courage to speak about all this. Definitely the Police hasn't played its role the way it ought to be. Had the police be sensitised, this wouldn't have happened," the Court observed.
The Court also criticized the delay in recording statements from the victims, highlighting a significant lapse in the Badlapur Police's response. "We are appalled by the fact that the Badlapur Police has taken no efforts to record the statement of the second victim girl with either under Section 161 and 164," the judges noted.
Furthermore, the Court questioned the delay in registering the FIR, stating, "The first thing in such cases of minors is police must have registered FIR. But they made the family wait for hours. This discourages the public from reporting such incidents."
Despite the State's argument that the officers responsible had been suspended, the Court insisted that such actions do not restore public faith. "People shouldn't lose faith in public. You should know what the motto of the Maharashtra Police is सद्रक्षणाय खलनिग्रहणाय (Sadarakshanaya Khalanigrahanay). It means to protect the good and restrain the wicked. Please be reminded of this...People should not come out on the streets like this for getting an FIR lodged."
On August 13, a school housekeeping personnel was involved in the molestation of two kindergarten girls. Shinde has been arrested and remanded to custody until August 26, leading to widespread protest.
Advocate General Birendra Saraf informed the Court that a Special Investigation Team (SIT) has been formed to expedite the investigation. Saraf assured, "The accused has been arrested and everything will be done on a speedy basis." He also confirmed that the statements of the girls have been recorded and their medical examinations completed.
The Bench sought further details on whether the provisions of the Protection of Children from Sexual Offences (POCSO) Act had been invoked against the school authorities. AG Saraf admitted that action would be taken now but acknowledged that it should have been done earlier. The Court also stressed the importance of counseling for the victims, requesting an update on this matter.
The Court's intervention has been crucial in pushing for accountability and ensuring that the investigation adheres to legal standards. The State has been directed to take action against the school authorities and address the delays and lapses in recording statements.
As the case progresses, the Court's directives aim to ensure justice for the victims and reinforce the need for a prompt and sensitive response to such grave matters.
TAGS: Bombay High Court Maharashtra Police sexual abuse four-year-old girls Badlapur Thane suo motu cognizance school authorities delay in FIR victim statements POCSO Act Special Investigation Team (SIT)
