Badlapur School Sexual Assault Victims Very Young, Trial Should Be Fast-Tracked”: Bombay HC

In a significant move, the Bombay High Court has underscored the importance of expediting the trial in the Badlapur school sexual assault case, citing the tender age of the victim girls.

This development comes after a male attendant was accused of sexually assaulting two girls, aged four and five, in the toilet of their school in Badlapur, Maharashtra’s Thane district, in August last year.

The attendant’s subsequent death in a police shootout has not diminished the urgency of delivering justice to the young victims. The Special Investigation Team (SIT) established by the Maharashtra government has filed a comprehensive chargesheet, implicating not only the attendant but also the school’s headmaster and 2 members of its management. Their failure to report the incident under the Protection of Children from Sexual Offences (POCSO) Act has been deemed a serious lapse.

The high court’s intervention in the case was prompted by concerns over the initial inaction of the local Badlapur police. Public prosecutor Hiten Venegaonkar recently informed the court that the investigation was complete, and the trial was poised to commence.

The bench, comprising Justices Revati Mohite Dere and Neela Gokhale, stressed the imperative of a swift trial, given the vulnerability of the young victims.

To ensure a sensitive and supportive environment for the girls during the trial, the court has mandated the presence of a woman prosecutor, as stipulated under the POCSO Act. A lady prosecutor has been appointed to assist the special public prosecutor in the case.

The next hearing is scheduled for January 20, at which point the prosecution will be required to update the court on the trial’s progress.

Additionally, the court has been awaiting the report of a committee of experts, established to assess the safety measures in place for children in schools and educational institutions.

In a gesture of support for the victims, the Maharashtra government has announced that their education will be free of cost till Class 8, with a proposal to extend this assistance till Classes 9 & 10. The court will also hear a petition filed by the father of the deceased attendant, alleging that his son was killed in a fake encounter by police.

As the case unfolds, the Bombay high court remains committed to ensuring justice for the young victims and their families.

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