High Court Issues Notice On DCPCR's Plea Seeking CBI Probe Into Alleged Sexual Assault On 6-Yr-Old

The Delhi High Court has issued notice on a plea moved by Delhi Commission for Protection of Child Rights (DCPCR) seeking re-investigation by Central Bureau of Investigation (CBI) into a 2018 case of alleged penetrative sexual assault on a 6-year-old girl, who later died at the hospital during treatment.

Justice Swarana Kanta Sharma sought response of the Delhi Police while listing the matter for hearing next on February 15, 2023.

"Let Status Report be filed at least three days prior to the next date of hearing," the court ordered.

The plea filed through Advocate R.H.A. Sikander argues that the Delhi  Police conducted "shoddy, perfunctory and biased investigation" to "shield the culprits" involved in the alleged crime. The police in October 2018 in the case had filed a cancellation report before the trial court.

As per the plea, the six-year-old complained of illness on January 29, 2018 and was taken to various hospitals for treatment. On February 1, 2018, doctors at Ganga Ram Hospital observed injuries on her private parts and recorded an MLC report. The minor died during her treatment on February 2, 2018.

According to the plea, the victim's post mortem report while noting the external as well as internal injuries opined that cause and manner of death cannot be made certain without the FSL Report. It further stated that the possibility of sexual assault cannot be ruled out.

An FIR was then registered under Sections 376(2)(i), 376A of IPC and Section 6 of the POCSO Act.

The plea states that despite the opinion in the post mortem report, the subsequent opinion of the doctor stated that victim died due to natural cause and thus, sexual assault was ruled out in the matter.

As per the plea, an opinion was given by the Head of Department of Forensic Medicine of city's DDU Hospital concluding that the cause of death of the minor was "bilateral bronchopneumonia" and that it was a natural cause of death. Sexual assault was therefore ruled out in the case.

The commission had earlier taken suo motu cognizance of a Times of India report on the minor's death, initiated inquiry and issued notice to the concerned SHO, thereby directing him to investigate the matter and submit an action taken report. After the cancellation report was accepted by the court, the DCPCR had written to the Director General of Health Services for constitution of a medical board to ascertain the actual cause of death of victim.

The plea claims that the police did "slack, tardy, shoddy, perfunctory, botched up and biased investigation" in the case and had not even recorded the statements of the mother and uncle of the minor victim.

"…..the actions of the Police in the present case are antithetical to the concept of rule of law enshrined in the Constitution of India, including the Article 21……the truth of the case cannot be unearthed and justice cannot be done to the Victim till some independent investigation is made in the case," the plea reads.

Title: DELHI COMMISSION FOR PROTECTION OF CHILD RIGHTS (DCPCR) v. GOVERNMENT OF NCT OF DELHI & ORS