Supreme Court Orders SIT Probe In Ghaziabad 4-Year-Old Rape-Murder Case, Flags Police Lapses

The bench led by Chief Justice Surya Kant, along with Justices Joymalya Bagchi and Vipul M Pancholi, passed the directions while hearing a plea filed by the victim’s father seeking a court-monitored probe.

Expressing concern over the handling of the case, the Court ordered the Director General of Police, Uttar Pradesh, to constitute an SIT comprising senior women police officers. The team is to be headed by an officer of the rank of Commissioner or Inspector General of Police, assisted by a Superintendent of Police (or Additional SP) and a Deputy SP or Inspector, all women officers. The Court directed that the SIT be notified immediately and begin investigation without delay.

The Bench observed that the victim’s parents were dissatisfied with the investigation carried out by the Ghaziabad police. It also noted that, given the “barbaric” nature of the offence, the matter warranted prompt and sensitive handling, which appeared lacking.

Importantly, the SIT has been tasked with examining all grievances raised by the victim’s family, including concerns regarding the protection of key witnesses. It will also investigate the role of two private hospitals that allegedly refused to admit the child when she was still alive and in urgent need of medical care. The Court underscored that the conduct of the hospitals must be independently scrutinised.

The SIT has been directed to complete its investigation expeditiously, preferably within two weeks, and submit a supplementary report before the trial court. Until then, the ongoing trial proceedings have been kept in abeyance.

During the hearing, Senior Advocate N. Hariharan, appearing for the victim’s parents, raised concerns over the conduct of the police. He alleged that despite claims of a completed investigation, the victim’s father was recently coerced into recording a statement under Section 164 CrPC, suggesting procedural irregularities. He also expressed apprehension that attempts were being made to shield the private hospitals involved.

On the other hand, Additional Solicitor General (ASG) Aishwarya Bhati, representing the State of Uttar Pradesh, submitted that a chargesheet had already been filed and cognisance taken against the main accused. She maintained that the father’s statement was necessary as part of the prosecution process.

The Court, however, refrained from commenting on the merits of these allegations, instead focusing on ensuring a fair and comprehensive probe. It observed that if there were concerns regarding the prosecution, the victim’s family could engage independent legal representation before the trial court.

The case pertains to an incident on March 16, when the child was allegedly lured by a neighbour on the pretext of offering chocolates. She was later found grievously injured and was declared dead at a government hospital after reportedly being denied treatment at two private facilities.

Notably, the Court had earlier flagged the reluctance of the local police to promptly register an FIR and criticised the “insensitive approach” adopted during the investigation.

In a related news, while hearing the case concerning the sexual assault of a four-year-old in Gurugram, the Chief Justice of India Surya Kant had recently said that the case was an eye-opener for the entire country. "This case is an eye-opener for the whole country. We want the investigation to be completed smoothly. There are other issues that we will deal with later," CJI Kant had said.

On March 25, Court had come down heavily on Gurugram Police for its conduct in the investigation into a four-year-old’s sexual assault case and stated that the conduct of officers with the child and her parents reflected “heights of insensivity". It had criticised the police for cross-examining the child in the “worst form of secondary victimisation" and “disrespect". Earlier, court had directed the Commissioner of Police, Gurugram, and the Investigating Officer in a case concerning the alleged sexual assault of a 4-year-old girl in Gurugram to appear personally with the entire case record.