New Delhi: The Supreme Court on Friday ordered the constitution of a Special Investigation Team (SIT) to conduct a fresh probe into the alleged rape and murder of a four-year-old child in Uttar Pradesh, observing that the “diabolical nature of the offence” and the apprehensions expressed by the victim’s family warranted intervention by senior authorities.
A bench headed by Chief Justice of India (CJI) Surya Kant directed the Uttar Pradesh Director General of Police (DGP) to constitute a three-member SIT comprising senior women police officers to carry out further investigation in the case.
“The SIT will resume investigation without any delay, i.e., tomorrow itself,” the apex court ordered, adding that it should be notified “preferably during the course of the day, but in any case, by tomorrow, 11 a.m.”
In its directions, the Bench, also comprising Justices Joymalya Bagchi and Vipul M. Pancholi, ordered that the SIT be headed by a woman police officer of the rank of Commissioner of Police or Inspector General of Police, who, while belonging to the Uttar Pradesh cadre, should not have roots in the state.
The team will also include a woman officer of the rank of Superintendent of Police or Additional SP, and another of the rank of Deputy SP or Inspector.
The CJI-led Bench said that “given the diabolical nature of the offence and apprehension expressed by the parents of the victim child, the matter ought to have drawn the attention of fairly senior authorities”.
The SIT will also examine the role of the private hospital where the child was initially taken and is tasked with addressing grievances raised by the victim’s family, particularly regarding the protection of crucial witnesses.
“The SIT will look into all the grievances raised on behalf of the parents of the victim, especially towards the protection of crucial and vital witnesses,” the top court said.
In a significant direction, the CJI-led Bench ordered the trial court to keep proceedings in abeyance till the SIT files its supplementary report.
“Since we have directed a further investigation through the SIT, the Trial Court is directed to keep the proceedings in abeyance till a supplementary report is filed,” it stated.
The SIT has been asked to conclude the probe expeditiously, “preferably within two weeks”, and file a compliance affidavit before the Registrar (Judicial) of the apex court.
In its order, the CJI-led Bench said that although the principal accused had been arrested, a charge sheet filed, and trial proceedings commenced, concerns raised by the victim’s parents regarding the fairness of the investigation and trial could not be ignored.
“The petitioner’s grievance is the lack of a fair, impartial and dispassionate investigation… [and] the parents of the victim child are under constant fear and apprehension of denial of a fair and just trial,” it observed.
“It goes without saying that, depending on the outcome of the investigation, necessary consequences shall follow,” it added.
The apex court clarified that it has not expressed any opinion on the merits of the allegations or the defence put forth by the respondents, including the private hospital, and that all issues would be independently examined by the SIT.
Earlier, while taking cognisance of the matter on April 10, the Supreme Court had termed the case “an appalling account of a brutal attack” and noted that it “prick[s] the conscience of this Court”.
It had also flagged allegations of police apathy and insensitivity, including claims that the victim’s family was mistreated when they approached the authorities, and that appropriate offences, including under the POCSO law, were not initially invoked despite medical evidence indicating sexual assault.
Subsequently, on April 13, the apex court had directed that a copy of the charge sheet be furnished to the victim’s family and sought responses from the private hospitals named in the petition. The matter was heard under Article 32 of the Constitution on a plea filed by the victim’s father seeking a fair and impartial investigation into the incident.
(IANS)
