"Shocking That Girl Who Was Allegedly Sexually Assaulted & Ravaged Was Left On A Railway Platform": Bombay HC Calls For Corrective Measures

Reminding the state of its duty to take preventive measures to stop youth exploitation, the Bench of Justice Bharati Dangre remarked,

"There are legislations, which mandate the State in consonance with the imperative mandate contained in the Directive Principles of State Policy, to ensure that the youth is not exploited."

Facts in brief

The Court was hearing the Bail Application, where the Applicant was arraigned as an accused under Sections 354, 363, and 376 of the IPC and Sections 8 and 12 of POCSO Act.

The FIR was lodged by a passer-by who, in June 2018 noticed an auto-rickshaw with black curtains on all sides and could overhear cry of a girl.

When inquired, the auto-rickshaw driver responded by saying that his vehicle was having passengers, however, as the cries of the girl still continued.

As alleged by the complainant, he pulled out the curtain of the auto-rickshaw and noticed that one man was forcing himself upon a girl, noticing this, he asked the person to come out of the auto-rickshaw and when he refused, he pulled him out.

At that time, the traffic police reached there and the said person was apprehended and the person, who was allegedly apprehended, is the instant Bail Applicant.

Girl's statement

The statement of the victim girl was recorded, wherein she submitted that she was 16 years, however, the court noted that not a single document was filed to establish that the girl is of 16 years, and the Investigating Officer did not conduct any ossification test.

She referred to the entire incident in great detail and stated that she knew the auto-rickshaw driver for 5 to 6 months and another person, to whom she referred to as the person who committed the sexual assault on her, was alleged to be the brother of the auto-rickshaw driver.

She admitted that she was given beer to drink and some food was also served and she relished the food and drink and was in a drunken state.

On the other hand, the Applicant submitted that the Girl was into flesh trade and whatever had happened it was with her consent.

Court's observations

The Court, at the outset, observed,

"Some strange things have surfaced, which surely calls for introspection of all the stakeholders dealing with issues of women, particularly minor girls."

When A.P.P. was asked about the victim and her present status, it was submitted that she continued to dwell on Platform No.1 of Andheri Railway Station.

Importantly, the Court remarked,

"It is surprising, rather shocking to note that a girl, who had met with a sexual assault and ravage is left on a railway platform in such a manner."

The Court also observed that the Investigating Officer wasn't aware of any of the provisions of the law, which would have ensured the girl to be taken to some rehabilitation home or correction home.

The Court also observed that when it is the case of the prosecution that the girl is a minor, the assistance of the Juvenile Justice Board should have been taken, but nothing had been done.

Further, the Court directed the IO,

"At least now, some corrective steps be taken to trace the victim girl and take necessary steps as regards the said girl."

The Court also directed that she be subjected to the Ossification Test if no document is available with her as proof of her age.

Importantly, regarding the Bail application, the Court said that in any case, till the said picture becomes clear, the Applicant must wait.

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