New Delhi, April 10 The Supreme Court on Friday criticized Ghaziabad police's "insensitive approach" in investigating the rape and murder case of a four-year-old girl and summoned senior officials, including the police commissioner, on April 13 with case records.
The top court observed that a court-monitored, time-bound probe, either by a special investigation team (SIT) or a central agency, was needed in the case.
A bench comprising Chief Justice of India (CJI) Surya Kant and Justices Joymalya Bagchi and Vipul M Pancholi took note of the submissions of senior lawyer N Hariharan, appearing for the victim's father, a daily wage laborer, and expressed its displeasure over the manner in which the state police had conducted the investigation so far in the case.
"My conscience was revolted the moment I saw it (the video evidence)," Hariharan told the bench and urged judicial intervention in the case.
"The most shocking aspect of the alleged offense is that it exhibits complete indifference and an insensitive approach by two alleged private hospitals, as well as the local police," the CJI said.
"The FIR was registered one day after the incident. The hospitals refused to admit the child. A blunt object was inserted into the child's private parts. The post-mortem report confirms this."
"The police only wanted to investigate this as a murder. The police report says the child was dead when they came to the scene. There is a video recording showing that the child was alive. The neighbors were given notices that they were disturbing the peace. Please see the video," Hariharan told the court.
The bench issued notices to the state government, the station house officer of the concerned police station, the two private hospitals -- Khajan Singh Mannvi Health Care and St Joseph (Mariam) Hospital -- and the executive magistrate.
The bench said the trauma of the victim's family was further compounded when the matter was reported to the local police.
"Instead of taking cognizance, the petitioner and the family members were physically assaulted. They were asked to remain silent about the incident. The FIR was lodged on the next day, that is on March 17," the order noted.
The bench noted that no offence under the Protection of Children from Sexual Offences (POCSO) Act or the rape charge was added in the FIR, though the case apparently involved sexual assault.
"It further seems that having realised the seriousness of the offence, the accused was apprehended and arrested on March 18," it said.
The bench also expressed suspicion over the police's "encounter" narrative and asked how the accused was having a gun when he led the police party to the place of the incident.
"How did the person in custody have a gun with him? You say that he was taken to identify a handkerchief and then he shot at the police and police shot at him. Please read the police report," the bench asked.
"You do all this hanky panky and then file a chargesheet," the CJI said while refusing to accept the submissions of the state counsel that the investigation had already been completed.
"We are satisfied that a court-monitored, time-bound SIT or a central agency is required. Issue notice. Standing counsel of the state of UP be served. Let a status report be filed."
"Commissioner of police, Ghaziabad, and SHO Nandgram police shall remain personally present. Let notice be served on the private hospitals (which refused admission to the victim child). List the case on Monday," the bench ordered.
It directed the police and the hospitals to ensure that the identity of the victim and her family members is not disclosed and that they should redact any such information from the records.
It also asked the state police not to harass the victim's family members.
On March 16, the victim was allegedly lured away by a neighbor on the pretext of buying chocolates. When the child did not return, her father launched a search for her and found her lying unconscious and soaked in blood.
The court expressed dismay that the two private hospitals in Ghaziabad refused to admit the bleeding child and she was eventually declared dead at a government hospital.