Gurugram sexual assault case: Supreme Court sets up SIT to probe into four-year-old childs case
A three-judge bench led by the Chief Justice of India Surya Kant also issued a show-cause notice to the Gurugram Police seeking clarification that why no disciplinary action be taken against them.
Gurugram sexual assault case: The Supreme Court on Wednesday set up a Special Investigation Team (SIT) to probe into sexual assault case of a four-year-old in Gurugram.
A three-judge bench led by the Chief Justice of India Surya Kant also issued a show-cause notice to the Gurugram Police seeking clarification that why no disciplinary action be taken against them.
The apex court directed the Gurugram Police to hand over the entire case to the SIT panel by Thursday.
The matter has been posted for April 6.
The SIT has been formed after the top court rebuked the Gurugram Police for carrying out investigation in irresponsible and unlawful manner, asserting that it reflects their 'heights of insensitivity'.
The order came as the court hear the petition filed by the victim's parents seeking transfer of investigation to CBI/SIT.
The court, while expressing shock over the alleged insenstitive handling of the sexual assault case of a four-year-old, had also issed a notice to the Haryana Police.
The court also questioned district judiciary for interrogating the child in front of the accused.
"How insensitive have the police become! In a so-called metropolitan city, this is happening! You are dealing with a traumatised child…," CJI Kant had said on Monday.
"Shocking thing! The police inspector asked the parents (of the victim) - what do you want? Isn’t it their duty to register an FIR immediately? Don't they understand the basics of the law?" the CJI had wondered.
(POCSO) Act to Section 10. While Section 6 provides for at least 20 years in jail if the offence is proved, Section 10 provides for 10 years.
"Please see the police officers. Their station and position... deputy commissioner of police, assistant superintendent of police. If this is the understanding of the offence on a four-year-old child, then what about the rule of law? ... Rape is not penal penetration alone. Police is clearly not aware. This is yawningly distressing. The highest police officer was involved to bring down the seriousness of the offence from Section 6 to Section 10," Justice Bagchi said.
The court further said that reckless, irresponsible and unlawful investigation by the Gurugram Police multiplied child's trauma.