The Supreme Court on Wednesday strongly criticized the Gurugram Police over their handling of a sexual assault case involving a four-year-old girl, calling the officers’ conduct towards the victim and her parents “the heights of insensitivity.”
The court reprimanded the police for cross-examining the child, terming it “the worst form of secondary victimization” and an act of “disrespect.”
A bench comprising Chief Justice of India Surya Kant and Justice Joymala Bagchi was hearing a petition filed by the child’s parents, alleging police inaction. Chief Justice Surya Kant asked sharply, “Why can’t the police go to the house of the victim? Are they kings?”
Earlier, the Supreme Court had sought explanations from both the Gurugram Police and the district judiciary for questioning the child in the presence of the accused.
The bench also questioned why the offence was downgraded from Section 6 of the Protection of Children from Sexual Offences (POCSO) Act to Section 10. Section 6 carries a minimum sentence of 20 years, while Section 10 provides for 10 years of imprisonment.
Justice Bagchi expressed strong dismay, stating, “Please see the police officers—their station and position: deputy commissioner of police, assistant superintendent of police. If this is their understanding of the offence on a four-year-old child, then what about the rule of law? Rape is not just penal penetration alone. The highest police officer was involved in downgrading the seriousness of the offence. This is yawningly distressing.”
The Supreme Court condemned the Gurugram Police for conducting a reckless, irresponsible, and unlawful investigation that aggravated the trauma of the child.
