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The Supreme Court on Wednesday has issued show-cause notices to Gurugram police Commissioner and other police officials who were associated with the investigation of an alleged sexual-assault of a 4-year-old child victim as to why disciplinary action should not be taken against them for their insensitivity in dealing with the case and for downgrading the offence from Section 6 (aggravated penetrative sexual assault/ rape) to Section 9 (aggravated sexual assault) of the POCSO Act.
The bench led by CJI Surya Kant also issued show cause notices to the members of the Child Welfare Committee (CWC) to explain as to why they should not be removed from the Committee for their insensitive conduct in dealing with the child. Additionally, the Court has also issued a show cause notice to a Doctor of Max Hospital, Gurugram, Dr Babita Jain, for explaining her conduct in having changed the contents of her report with respect to the examination of the child victim. The aforesaid authorities have caused repeated victimisation of the child, who has been alleged to have been the victim of rape, the Court noted. After noting the glaring insensitivity, sheer recklessness and irresponsible conduct of the aforesaid authorities, the Court ordered that all officers of the Gurugram police, including the Police Commissioner, be disassociated with the investigation and ordered the constitution of a Special Investigation Team (SIT) with three senior-IPS rank-women officers to take over the probe. The Court has also directed the Sessions Judge in Gurugram to place the proceedings in this matter before a POCSO court presided by a fairly senior woman judicial officer. "If the State has any respect for the law, the police officers must be transferred immediately. The moment we take cognisance, you start arresting people. Have they even read any bare act? This is the height of insensitivity this case has shown. The incident took place on 2 Feb, and on Feb 5, CWC had a phone conversation with the parent of the victim. If they had any respect for the victim, they should've gone to the house of the victim, not called them to the office. The one who went to the child's house is booked on corruption charges now. This is the quality of officers they are posting. Complete recklessness," the Court observed during the hearing. (ANI)
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