Supreme Court Criticizes Haryana Police, Magistrate Over Minor Rape Case

The Supreme Court has strongly criticised what it described as “shocking” and “insensitive” conduct by the Haryana Police and a local magistrate in the investigation of a rape case involving a very young minor, underscoring serious lapses in how the child victim was dealt with during early‑stage procedures. The top court, in hearings presided over by Chief Justice of India Surya Kant along with Justices Joymalya Bagchi and Vipul M Pancholi, took note of a writ petition filed by the parents of the child, who are seeking a CBI or Special Investigation Team probe into the alleged rape of a three‑ to four‑year‑old girl in Gurugram.

The bench expressed particular dismay at the way the police handled the case, with senior advocate Mukul Rohatgi, appearing for the petitioners, telling the court that the investigating officer and other officers appeared to take the complaint casually and even asked the parents what they “wanted to do”, instead of immediately registering an FIR and initiating a proper investigation. The Court questioned why, in what it called a “metropolitan city” like Gurugram, frontline police personnel seemed unaware of basic legal duties in a sexual‑assault case involving a minor, and termed the attitude “insensitive” and deeply troubling.

The Supreme Court also reprimanded the conduct of the Judicial Magistrate who recorded the child’s statement, noting that the three‑year‑old was allegedly questioned in close proximity to the accused instead of in a safe, child‑friendly environment. Rohatgi submitted that the magistrate repeatedly told the child to “sach bolo, sach bolo” (tell the truth, tell the truth) while the accused were present, something the bench found especially disturbing given the age and vulnerability of the victim. The Court has directed the Sessions Court in Gurugram to obtain the magistrate’s comments on these allegations and to review the pre‑trial handling of the child’s evidence.

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Related to the same incident, the Court has ordered the Commissioner of Police, Gurugram, and the investigating officer to appear personally before it on March 25 with the complete investigation record, including all medical and forensic reports, CCTV footage, and statements. It has also asked the Haryana government and the Director General of Police to respond to the petitioners’ demand for a CBI or SIT probe, while simultaneously directing the State Advocate General to provide a list of women IPS officers in Haryana, apparently to assess the availability of gender‑sensitive personnel for such cases.

Outside the courtroom, the case has highlighted broader concerns about the treatment of child victims in the justice system, with the parents’ affidavit describing how the girl was shuttled between the police station, the Child Welfare Committee, the magistrate’s court, and a hospital over several days, often without adequate safeguards. Rohatgi has urged the Court to lay down clear guidelines on how pre‑trial procedures such as recording statements, medical examinations, and court appearances should be conducted in a sensitive manner so that traumatised minors are not re‑victimised by the very institutions meant to protect them.

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