Madras HC Orders CBI Probe Into Sexual Abuse Of Minor After Her Parents Allegedly Beaten Up By Police, Audio Clip Of Victim's Statement Leaked

Justice SM Subramaniam and Justice V Sivagnanam asked the CBI to take over the case as the court was not satisfied with the manner in which the investigation was being carried out by the State police. The court noted that the victim's examination was conducted in the busy corridors of the Kilpauk Government Medical College and her parents were allegedly beaten up in the police station while the alleged accused was given a chair to sit.

“We are not satisfied with the manner in which the case was registered. We have no option but to transfer the investigation from the state police to the CBI. This court cannot conduct a roving inquiry into the disputed question of facts placed before us from both sides. We have arrived at an irresistible conclusion that the entire files have to be transferred to the Joint Director, CBI to continue the investigation and initiate all actions appropriate under law,” the court said.

The court also noted that the video and audio of the examination of the witness were publicized online and instead of finding the person who had shared the files in the first place, the police had merely registered FIRs against a Youtuber and a Journalist who had shared the files and who talked about the incident.

“The FIR only against the Youtuber and the journalist is not supported by the court. It would not serve the objects of the Act. The police is expected to find the root cause for publication and nab the persons who disclosed the information. The practice of registering cases against journalists and youtubers who all are vindicating the grievances in the public domain is not in consonance with the democratic principles enunciated in the constitution. The freedom of press at no circumstance be deprive,” the court observed.

Considering the financial background of the victim's parents, the court also ordered an interim compensation of Rs. 1 Lakh enabling them to maintain their livelihood and contest the case.

Background

The case relates to the sexual abuse of a 10-year-old girl. The court was informed that the parents of the child, after noticing a bad smell from her, had taken her to a nearby doctor who informed them that the girl was sexually abused. The doctor then referred her to Kilpauk Medical College. The duty doctor at KMC examined the child and also informed the Child Welfare Committee and the all-women police station.

The counsel for the petitioner, Sampath Kumar submitted that the minor victim's statement was recorded at 1 am at the corridors of the KMC hospital, near the lift. He also informed the court that the parents of the victim were not present when the statements were recorded. It was further submitted that the statements were recorded and were subsequently broadcasted through social media and newspaper publications.

Raising serious allegations against the procedure followed by the police, the petitioners argued that the accused was made to sit at a chair in the police station while the victim's father and mother were beaten. The counsel for the petitioner contended that the investigation was being carried out unfairly and the victim would not get justice.

The State Public Prosecutor however opposed the allegations and submitted that the investigation was being carried out properly. He informed the court that FIRs were already registered against the YouTuber and the journalist who had broadcasted the video recording made by the inspector.

The court was however not satisfied with the trajectory of the investigation. The court noted that even though the victim had named the accused in her statements, he was arrested only after 12 days. The court noted that even as per the statement of the nurse at the KMC hospital, the victim's mother was not available with her when her statements were recorded. The court also expressed dissatisfaction that the police had registered the FIRs only against the YouTuber and the journalist for broadcasting the video and not against the officers who had recorded the video in their cellphones or who were responsible for leaking the video.

The court thus noted that prima facie, the procedure followed by the police was not in consonance with the POCSO Act. The court added that the police were expected to be more sensitive while dealing with children who are victims of sexual abuse. The court also remarked that the entire manner in which the case was handled disturbed the court's consciousness and required further investigation.

“The present facts disturb our mind and consciousness. The narration of facts by victim side cannot be said to be wholly unrelated. We have to also consider their submission which raises suspicion in the mind of the court. Actions taken are violative of the provisions of the POCSO Act. Manner in which the victim was treated, statement taken at midnight in government hospital's common corridor is a serious matter which deserves further investigation. The manner in which they were treated also requires consideration,” the court said.

The court thus deemed it fit to transfer the investigation to the CBI.

Citation: 2024 LiveLaw (Mad) 372

Case Title: Suo Motu v The Deputy Commissioner of Police

Case No: HCP 2408 of 2024