On Tuesday, the Bombay High Court proposed the formation of a committee to develop Standard Operating Procedures (SOPs) for police, hospitals, and schools in cases related to sexual assaults on minors.
Suggested Committee Members
During the hearing of the Badlapur minors’ sexual assault case, the bench comprising Justices Revati Mohite Dere and Prithviraj Chavan suggested the names of retired IPS officer Meera Borwankar, former Bombay High Court Judge Sadhana Jadhav, and Shalini Phasalkar Joshi to form the committee.
This move comes in response to serious concerns about flaws in the implementation of the Protection of Children from Sexual Offences (POCSO) Act in this case.
Court’s Concerns and Adjournment
The court expressed dissatisfaction with the investigation’s documentation, criticizing the stereotyped manner in which the case diary was written. Justice Chavan remarked, “Why the stereotyped way of writing a case diary? This is not the purpose of the case diary. You cannot write in this stereotyped way for the last 35 years.”
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The court emphasized that the case diary should accurately reflect the investigation steps and detail efforts to apprehend the absconding accused. The court also stressed that the chargesheet should not be filed hastily.
The hearing of the Badlapur case was adjourned until October 1.
Forensic Department and TIP Concerns
Regarding the forensic department, Advocate General Birendra Saraf noted that there are numerous vacancies, with some positions filled on a contract basis. He mentioned efforts to clear the backlog in the department.
On the topic of the Test Identification Parade (TIP) of the accused, Saraf informed that another FIR had been filed. The victim’s lawyer raised concerns about the trauma TIP causes to victims and their families. The court responded with a call for greater sensitivity, stating, “Educate your son and save your daughter.”
Background of the Case
Earlier, on August 31, a Thane Court approved the Special Investigating Team’s request for a TIP of the accused in the Badlapur minors’ sexual assault case. The parade was conducted in the presence of an Executive Magistrate, and the victims identified the accused.
The case involves the alleged sexual assault of two four-year-olds inside their school in Badlapur, Maharashtra. Following the identification of the accused, the SIT prepared a psychological profile of the accused to aid in the ongoing investigation.
(WITH INPUTS FROM ANI)
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