[Shelter home rape case] Bombay HC Disposes Of PIL Seeking Transfer of Case To CBI

A Division Bench of the Bombay High Court comprising Acting Chief Justice SV Gangapurwala and Justice Sandeep Marne has disposed of a PIL seeking transfer of a case to CBI wherein 7 tribal girls of the shelter home were raped by the head of the shelter home in Nashik.

The plea stated that in the garb of the shelter home, the minor girls were sexually assaulted. The plea stated, 

"The Petitioner states that it's important to understand the minor children have gone through mental trauma, pain, and agony hence they are required to provide Financial Assistant as well as Mental Assistant and adequate provisions of blending them in society without any trauma. The Petitioner further states that, under the garb of a shelter home, these minor girls were sexually assaulted, raped, and tortured. Hence it's important to provide them immediate financial assistance/Funds from State Government."

Advocate Abhijeet Naik for the petitioner informed the court that 7 FIRs were registered. He also prayed for a committee to be formed. 

Chief Public Prosecutor Aruna Pai informed the court that the chargesheet had been filed for all the FIR after which the advocate for the petitioner submitted that the trial should be completed within a year. 

The bench said that the court cannot ask the special court to consider a 2020 case before the 2015 case. 

"Do you know how many matters are pending in special courts? It is the anxiety of every litigant that his case should be heard first. We cannot tell the special court to hear a 2020 case first and keep the 2015 case pending." 

The bench further said that all the committees were in place under the Act and the said acts are in force.

When the Advocate asked for financial aid for the victims, the court said that there were schemes under the POCSO Act for the compensation of victims and the issue was the implementation of schemes.

The court while disposing of the PIL said that:

"We do not know how many trials are ongoing before the special court. Once the matter starts before the trial court, the same is treated expedited. The petitioner may use the compensation scheme under the POCSO Act. If the same is not granted, then they can approach the court with that grievance."

Case Title: Rajesh P Khobragade vs State of Maharashtra

Statue: Indian Penal Code 1860, Code of Criminal Procedure 1973, POCSO Act 2013