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Lethargic or lackadaisical approach from the very beginning to register the FIR, conducting investigation and finally submission of charge sheet, prima facie suggests that the role of the police authority in the instant matter tarnished the image of our country, court said
The Patna High Court has strongly criticized the Bihar police for its 'lethargic and lackadaisical' approach in investigating a case concerning the sexual abuse of a minor girl, a US citizen, in Darbhanga.
While noting that the messages sent by the accused through computer devices like mobile phones, laptops, etc., are important documents in order to come to a logical conclusion of the case, the high court directed the trial court to allow the petitioner, the minor's mother, to produce computer devices and facilitate their scientific examination.
The case originates from a writ petition filed by Angela Lee Hicks, the mother of the victim, against a resident of Darbhanga, accusing him of stalking and sexually abusing her daughter. The girl was born in Mussoorie, India and she was 13 years old at the time of the commission of offence.
The high court observed that the police authorities exhibited a prima facie casual attitude in registering the FIR, conducting the investigation, and filing the charge sheet, thereby tarnishing the image of the justice system.
According to the court order, the complainant attempted to lodge a complaint in 2018 but was not entertained by the Mahila Police Station. It was only in 2019 that Darbhanga Town Police registered the case, but the FIR did not invoke the POCSO Act. Even after the intervention of the court in 2020 directing the victim’s statement to be recorded via video conferencing, the investigating officer failed to take adequate steps, including recovery of the accused’s mobile phone or analysis of digital evidence.
The bench of Justice Bibek Chaudhuri observed that the police authorities ignored explicit directions to obtain the Call Detail Records (CDR), retrieve messages, and document evidence in the case diary. The investigating officer did not follow the procedural mandate to scientifically examine digital communications, an omission that severely undermined the case. The victim’s family, therefore, approached the court, apprehending that justice would be compromised.
The trial court had earlier rejected the petitioner’s application to admit Facebook messages as evidence under Section 65B of the Indian Evidence Act on the grounds that the original devices were not produced. However, the high court held that these messages were crucial in establishing the accused’s guilt and directed the trial court to ensure that forensic examination of the digital evidence is completed within a month.
Lamenting judicial and investigative delays, the high court questioned why the Chief Judicial Magistrate failed to take cognizance of the offense despite the charge sheet’s submission. It emphasized that a court dealing with sexual abuse cases must be proactive and inquisitive in its quest for the truth, rather than mechanically adhering to procedural formalities.
While noting that generally, a writ petition does not lie against an order passed by a court of law on the judicial side, the high court exercised its inherent jurisdiction under Section 482 of the Criminal Procedure Code (CrPC), to issue directions to the POCSO Court.
"For adjudication of a charge of sexual abuse upon a minor girl, the Court must be proactive and inquisitive in nature to find out the real culprit. The process is more of a quest for a truth than a mechanical abduction," said the court.
Case Title: Angela Lee Hicks vs. State of Bihar and Others
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