The Supreme Court on Wednesday expressed strong concern over the way the Haryana Police handled the investigation of a rape case involving a four-year-old child in Gurugram. Observing significant irregularities and insensitivity, the Court directed the formation of a Special Investigation Team (SIT) to take over the probe.
The matter was brought before the Court after the victim’s family raised objections to the manner in which the case was investigated. They alleged that the authorities failed to properly pursue the allegations and did not treat the case with the seriousness it deserved.
During the proceedings, the bench comprising Chief Justice of India Justice Surya Kant, Justice Joymalya Bagchi, and Justice N. Kotiswar Singh made critical observations about the police’s conduct. The Court indicated that there appeared to be attempts to weaken the case against the accused, particularly by not applying the appropriate legal provisions despite the gravity of the allegations.
The judges remarked that the investigation reflected a troubling pattern, suggesting that efforts may have been made to protect the accused rather than ensure justice. Such findings raised serious doubts about the fairness and credibility of the probe.
The Court also focused on the treatment of the child during the investigation. It noted that the manner in which procedures were carried out caused further distress to the victim, effectively re-traumatising her. The lack of sensitivity in handling a minor in such a serious case was strongly criticised.
Concerns were also raised regarding procedural lapses, including how the victim’s statement was recorded and whether established safeguards for child victims were followed. The Court emphasised that investigations in such cases must strictly adhere to legal protections designed to minimise trauma.
Highlighting the seriousness of the issue, the Court clarified that the determination of the nature and severity of an offence lies with the judiciary, and not with investigating authorities. Any attempt to dilute charges at the initial stage undermines the justice process.
In light of these findings, the Court transferred the investigation to an SIT to ensure an impartial and thorough inquiry. This move aims to restore confidence in the process and ensure accountability for any lapses.
The case underscores the importance of sensitivity, fairness, and adherence to due process in handling crimes against children. It also reflects the judiciary’s willingness to intervene where investigative failures threaten the integrity of justice.
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