Bombay High Court Rebukes Maharashtra Police for Delay in Recording Second Victim's Statement in Badlapur Sexual Abuse Case.
Mumbai,the Bombay High Court delivered a stern reprimand to the Maharashtra Police and Badlapur school authorities on Thursday, questioning the delayed response in the ongoing case involving the sexual abuse of two minor girls in a Thane district school.
The division bench, consisting of Justice Revati Mohite-Dere and Justice Prithviraj K. Chavan, expressed significant concern over the police's failure to promptly record the statement of the second victim. The justices criticized the Badlapur Police for not adhering to procedural norms, particularly under Section 164 of the Code of Criminal Procedure, which mandates timely recording of such statements.
“We are appalled by the fact that the Badlapur Police did not record the statement of the second victim girl under Section 164,” Justice Mohite-Dere stated, highlighting the court's frustration with the delay. “Since this is a suo motu PIL on larger issues, security and safety of girls cannot be compromised. Unless there is a strong public outburst, the machinery does not work.”
The court also directed the police to provide detailed information regarding the measures taken to ensure the safety and security of the two victims. The bench emphasized that it would thoroughly examine these measures to guarantee the victims’ protection.
In addition to the police, the court reprimanded the Badlapur school authorities for their failure to report the sexual abuse despite being aware of the situation. The court underscored the necessity of leaving “no stone unturned” to ensure justice for the victims.
Justice Mohite-Dere further interrogated the police about the delays in recording statements, noting that the incident occurred on August 13, yet the FIR was only filed on August 16, with statements recorded much later. “You (police) recorded statements so belatedly. Duty of the police officer is to record the statement as per procedures. We are interested in ensuring victims get justice,” she remarked.
The division bench also pointed out that the statement of one of the victim’s fathers was only recorded post-midnight, following the registration of the suo motu PIL. The court's intervention highlights the urgent need for more efficient and timely action in such sensitive cases to ensure justice and accountability.
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