MAPUSA MINOR’S RAPE CASE Court upset with police over shoddy inquiry

PANAJI

The Bombay High Court at Goa has pulled up the Mapusa police for a half-hearted, casual and shoddy investigation into the rape of an eight year old minor girl and directed the Director General of Police to examine whether action should be initiated against the investigating agency.

Hearing an appeal against a judgement of the Children’s Court which had also acquitted the accused, the High Court noted that there was no way they could overturn the acquittal simply because the police didn’t gather evidence to support their case.

The case dates back to March 12, 2017 in which one Vasikur Rehman was accused of having kidnapped an eight-year-old girl from the Sateri Temple at Pintowado, Verla, Canca, Bardez, under the pretext of asking her to show the directions to the house of one Sakshi but instead took her to a secret place raped her and thereafter dropped her to the temple grounds and left from the scene.

“According to us, the lapses in the investigation, particularly in matters of this nature, seriously affect the administration of the criminal justice system. This is more so where the offences are committed against children. Therefore, in such cases, the investigating agencies must take additional care and put in additional efforts. Society is bound to suffer if the perpetrators of crimes against the children are not brought to book. So also society will suffer if the innocents are simply roped in, or the guilty are prosecuted on the basis of insufficient evidence, resulting from half-hearted, casual or even shoddy investigations,” the High Court said.

“Therefore, we direct the Director General of Police (DGP) to take cognizance of this matter and to consider whether any action is necessary against the Investigating Agency. Even if the DGP comes to the conclusion that the lapses may not have been deliberate, we direct the DGP to consider whether any training needs to be imparted to the investigating agencies dealing with cases of the offences against children and if so, to take steps to impart such training within a reasonable period, so that the administration of criminal justice does not suffer.

While hearing the appeal the High Court found that the matter was investigated in a half-hearted manner.

“There is a delay of three to four days in registering the complaint in spite of knowing that the victim had seen the person in a carpentry shop, near the temple. No efforts were made to search him in the said shop. No spot located or attempts were made to locate the same where actual sexual assault took place. No physical external injuries were detected on the body of the victim,” the High Court bench of Justices M S Sonak and M S Jawalkar, said.

“The Police has not made any inquiry to the younger brother of the victim, who was alleged to be playing with the victim at the relevant time and mother of victim claimed that he also identified the accused. If that could be the case, he would have given some direction to the investigation. No attempts were made to record the statement of Sakshi or to locate her house. No independent witnesses were called for the panchnama on the spot where the victim was alleged to be picked up on a scooter. The place of kidnapping was not shown by the victim herself but shown by her father,” the High Court noted.

“Though the investigating officer has claimed that he has recorded statements of persons from factory and nearby locality, not a single statement is part of the record. Such non-examination of witnesses raises doubt about the fairness in the investigation, who could have unfolded the genesis of the prosecution’s case,” the High Court added.

“No attempts were made by IO to seize any vehicle from the accused or to obtain the information whether there is any vehicle registered in his name or in the name of his family member. No mobile was ceased nor arrest subsequent toit though it is claimed by the victim that the accused had shown her some obscene scenes,” the High Court said.

“The investigation, particularly where sexual offences are committed against the children, must be undertaken with a great degree of seriousness and sensitivity. Though it is true that mere lapses in the investigation do not entitle an accused person to acquittal, if there is otherwise evidence to sustain a conviction, in this case, the lapses are neither minor, nor inconsequential,” the HC said.