The Supreme Court on Monday expressed concern over the perceived reluctance of the Ghaziabad police in registering a First Information Report (FIR) and proceeding with the investigation into the alleged rape and murder of a four-year-old girl. A bench headed by Chief Justice Surya Kant and including Justice Joymalya Bagchi noted observations regarding the pace and approach of the investigation.
Information was available with The Chenab Times that Additional Solicitor General Aishwarya Bhati, representing the police, informed the court that a charge sheet was filed on April 3 under enhanced sections of the Protection of Children from Sexual Offences Act (POCSO), and that the concerned court had taken cognisance of it. The Supreme Court directed the police to provide a copy of this charge sheet to the victim’s family. The apex court also mandated that two private hospitals, identified as Khajan Singh Mannvi Health Care and St Joseph (Mariam) Hospital, submit their affidavits in response to allegations that they denied medical treatment to the child, who was later declared deceased at a government facility.
Chief Justice Surya Kant remarked during the proceedings, “There was reluctance in lodging FIR, reluctance in investigation, everything.” The court was hearing a petition filed by the victim’s father, a daily wager, who sought a court-monitored investigation, either by a Special Investigation Team (SIT) or the Central Bureau of Investigation (CBI).
The incident, as detailed in the proceedings, occurred on March 16 when the minor was allegedly enticed away by a neighbour under the guise of purchasing chocolates. When the child did not return, her father initiated a search and discovered her in an unconscious state and bleeding. The court was informed that a status report had been submitted by the police.
The bench stated, “Before adverting to the various issues that we have briefly flagged in the April 10 order, we direct the police authority to supply a copy of the charge sheet to the family of the victim.” Senior Advocate N Hariharan, appearing on behalf of the victim’s father, contended that there was an alleged attempt to shield the hospitals. He asserted that the child’s death was a consequence of the lack of timely medical intervention.
Mr. Hariharan argued that the Supreme Court had consistently ruled that medical treatment cannot be denied and that the child might have survived had she received prompt medical care. He further submitted that while police statements indicated the child was not breathing, video evidence suggested otherwise. The FIR, he noted, was registered only concerning murder, and did not initially include charges related to rape or aggravated sexual assault, despite the incident occurring on March 16 but the FIR being lodged only at 3:30 am the following day.
The Supreme Court acknowledged the petitioner’s concerns but also advised focusing the prosecution’s efforts more directly on the accused parties against whom allegations have been made. The bench suggested that Mr. Hariharan review the charge sheet and then inform the court if any gaps necessitated the formation of an SIT, assuring that the matter was not being closed.
The apex court has scheduled the next hearing for the following week. During a previous hearing on April 10, the Supreme Court had severely criticised the Ghaziabad police for their “insensitive approach” in handling the investigation. At that time, the bench had issued notices to the state government, the Station House Officer (SHO) of the concerned police station, the two private hospitals, and the executive magistrate. The court had also instructed the police and the hospitals to ensure the anonymity of the victim and her family members, and to redact any identifying information from records. Furthermore, the state police were directed not to harass the victim’s family members.
The court had previously expressed its dismay over the refusal of the two private hospitals in Ghaziabad to admit the bleeding child, who was subsequently pronounced dead at a government hospital.
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The Chenab Times News Desk
