“No Confidence In TN Police”, Madras HC Pulls Up TN Police Over Handling Of Child Rape Case, Transfers Investigation To CBI

The Madras High Court has transferred the investigation of the Anna Nagar child rape case to the Central Bureau of Investigation (CBI), expressing serious concerns about the handling of the case by the Tamil Nadu police. The court noted that despite a 10-year-old girl being repeatedly raped, the authorities harassed her family and delayed the arrest of the main suspect for 12 days. This probe also addresses her mother’s claims of being physically assaulted by a police inspector at the station.

A bench comprising Justices SM Subramaniam and V Sivagnanam highlighted the disturbing treatment of the survivor and cited violations of the Protection of Children from Sexual Offences (POCSO) Act. The court stated, The parents of the victim have lost confidence in the Tamil Nadu police,underscoring the urgent need for a thorough investigation by a central agency.

The incident came to light on 29 August 2024 when the girl experienced severe stomach pain, prompting her mother, a cook, to seek medical attention at a local clinic. Doctors at Kilpauk Medical College subsequently diagnosed her with signs of repeated sexual assault, leading to a report being filed at the Anna Nagar all-women’s police station. An FIR was registered on 30 August 2024, naming a 31-year-old water delivery man, Satish, as the primary suspect in the assault.

After the FIR was lodged, the mother reported that she was summoned to the police station while her daughter remained in the hospital. During this visit, she alleges that the investigation officer, Raji, assaulted and threatened her. The police have denied these allegations but have transferred the officer involved. Additionally, the accused was arrested only after media coverage brought attention to the case.

During the proceedings, the court raised questions about procedural irregularities, particularly regarding how the child’s statement was recorded late at night without parental presence. The bench also criticized the decision to register FIRs only against a journalist and a YouTuber for leaking information, while no action had been taken against the police inspector involved in the case.

Complicating the situation, the girl reportedly changed her earlier statement, incorrectly accusing Satish and instead alleging that her uncle’s minor son had assaulted her in 2022. The mother has raised fears that the police pressured her child into altering her statement.

On 10 September 2024, the Madras High Court took suo motu cognizance of the case. The mother filed a habeas corpus petition, alleging that she was assaulted at the police station and had her phone confiscated, while her daughter was questioned at the hospital without parental presence. Reports indicated that police recorded the girl’s statement late at night, which also violated the POCSO Act.

After her second statement was taken, the minor boy involved was presented to the Juvenile Justice Board and subsequently released.

The court has since ordered police protection for the survivor and her family while directing further hearings to ensure a comprehensive review of the allegations against both the suspect and the police handling of the investigation.

(With inputs from Hindustan Times)

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