SC to hear plea for probe into minor's rape in Ggm
New Delhi, March 21 -- The Supreme Court has agreed to hear on Monday a petition seeking an independent, court-monitored probe into the rape of a four-year-old at a condominium in Gurugram, allegedly involving two housemaids and their male associates.
The case was mentioned before Chief Justice of India (CJI) Surya Kant on Friday by senior advocate Mukul Rohatgi, who requested an urgent hearing.
"It is a horrific sexual assault on a four-year-old girl in Gurugram a month ago where the maid is involved. The child has recounted everything and the case has been sent to the magistrate under the Protection of Children from Sexual Offences (Pocso) Act, but to date, the Gurugram police have neither collected CCTV footage nor arrested a single person."
The CJI said, "We will list it on Monday," before asking Rohatgi if he had approached the high court in the matter.
Rohatgi said, "In a case of this nature, a message should go from the highest court of the land. The father is an employee in Gurugram and when they approached me, I advised them to file a petition under Article 32 of the Constitution."
Article 32 guarantees citizens the right to move the Supreme Court for the enforcement of fundamental rights and empowers the court to issue writs for their protection.
The CJI said the Punjab and Haryana high court is generally proactive in dealing with such cases and that if a letter were sent to the chief justice there, he would take note of the incident.
Rohatgi pointed to a practical difficulty, saying the parents would have to travel to Chandigarh, the seat of the high court. "We want the Gurugram police to be removed from the investigation and the probe conducted by an independent agency such as the Central Bureau of Investigation or by a special investigation team monitored by this court," he said.
He said this was not a one-off incident and that several such gruesome rapes and murders of minors have taken place in Gurugram in the recent past. "Parents are being forced to go from pillar to post and the matter is getting adjourned in the magistrate's court. The place where the victim said the incident took place is yet to be secured. The investigating officer has earlier been suspended in a case. This is a case where a message has to go from this court," the senior lawyer said.
The FIR in the case was registered a month ago on the father's complaint. It states that the sexual assault on the minor took place between December last year and January this year. It further alleges that two domestic helps, along with their male associates, assaulted the victim inside the housing society in Gurugram's Sector 53.
The police have registered a case under Section 6 (aggravated penetrative sexual assault) and Section 17 (abetment) of the Pocso Act, along with Section 65(2) (rape of a minor) of the Bharatiya Nyaya Sanhita. Under Section 65(2), the punishment may range from a minimum of 20 years in prison to life imprisonment or even death.
Deputy commissioner of police (east) Gaurav Rajpurohit did not response to calls and messages seeking a response on the matter....
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