'Heights of insensitivity': Supreme Court raps Gurugram Police in four-year-old girl's sexual assault case
Four-year-old sexual assault case: The Supreme Court on Wednesday came down heavily on the Gurugram Police in connection with sexual assault case of a four-year-old girl asserting that the conduct of officers with the victim and her parents reflects 'heights of insensitivity'.
Pulling up the officers for cross-examining the child, the court said this is the "worst form of secondary victimisation" and "disrespect".
A bench comprising Chief Justice of India Surya Kant and Justice Joymala Bagchi was hearing a petition filed by the victim's parents alleging inaction by the Gurugram Police.
"Why can't the police go to the house of the victim? Are they kings?" the Chief Justice asked.
Earlier the top court also sought replies from the Gurugram Police and district judiciary for questioning the child in presence of the accused.
The bench also asked that why the offence was reduced from Section 6 of the Protection of Children from Sexual Offences (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.
"They have not even read the bare Act," the Chief Justice said. "You have disbelieved the innocence of a four-year-old child. Shame on them. If the state has any respect for the law, they must be immediately transferred. You say CCTV is not there etc. For 15 days, you have not done anything. The moment we take cognizance, you start arresting. Do you want us to tell you why you were busy? This case exhibits the heights of insensitivity," he said.
"How can such members be appointed. What is their qualification and what is the accountability? We know how they are selected. Their only qualification is one, but we don't want to say anything now," the Chief Justice added.
- With inputs from agencies
