Read Time: 09 minutes

A single judge bench of Justice Yogesh Khanna of the Delhi High Court today sought report from the Delhi Government and Delhi Police on a plea  seeking court-monitored Special Investigation Team (SIT) probe into a nine-year-old Dalit girl's alleged rape and murder in Delhi Cantonment area.

The bench has directed the government and police to file the status report on or before the next date of hearing and listed the matter for next hearing on Nov 8, 2021.

The court was hearing a petition by the surviving parents of the child, who moved Court seeking adequate safety and security for themselves and other witnesses of the case, and for Court monitored investigation into the case by a Special Investigation Team (SIT). They further sought for a judicial enquiry into the matter pertaining to lapses in the administrative action in this case.

According to the police officials on August 1, a nine-year-old girl was allegedly raped and killed by a priest and three employees of a crematorium near Delhi Cantonment in southwest Delhi. A case was registered against four accused based on the statement by the child's mother, who alleged that her daughter was raped, murdered, and cremated without their consent.

Adv Jitendra Kumar Jha appearing for the petitioner submitted that, “the petition was filed by the mother of the  9-year-old girl who was not just raped but thrown into a burning pyre," and that further, "The police have worked to the safeguard interests of the accused person." 

He said, "When the mother came to know about her minor daughter, she was called to a crematorium opposite to a mazaar," where the 4 accused persons informed the complainant, "Your daughter died due to electrocution," and that she "shouldn't inform the police at all.”

Jha said that, however, the lady had seen a cut mark on her daughter, bleeding from her nose and that her lips were black. She was lying on a table. 

He continued, "When her father had gone to the market, he was picked and forcefully shut in the crematorium with his wife, where they were told not to inform police. Their daughter was thrown in a burning pyre. They started a hue and cry, hearing which some locals came. Police only came at 11.30 pm - there was a 5.5 hours delay in their arrival despite Police Station being only 1 km away. This is supposedly a safe, secure locality of Delhi." 

Jha highlighted that, "It was the Delhi police's prime duty to ensure that the place of incident is secured. But this was never done. Instead, in a way, the police arrested the petitioners. They were tortured all night in the Police Station. They were there all night yet no FIR was registered until 9 am on Aug 2."

“The petitioners were constantly threatened and forced to toe the line or suffer consequences. They are totally illiterate, they can only give thumb impressions. But when I interviewed the lady, she told me she has faith in our judiciary, this is what inspired me to come here.” said Jha.

Standing Counsel for Delhi, Adv Sanjay Lao, however argued that  the body was already burnt and that round-the-clock security is being provided. He told the court that the investigation is already transferred to the Crime Branch from the local police and that an SIT is constituted, which is being monitored by the DCP and Joint Commissioner. He further submitted that relevant Sections have been added (Section 6 POCSO, Section 302 and Section  376 IPC).

Upon this, the court observed that as all the prayers were already granted the plea could be disposed off. However, Jha objected to this and stated that the investigation by the SIT too was under doubt as custodial interrogation of accused persons was not done until 9 days after the incident. 

Justice Khanna said at this stage that while this could be raised by the petitioner before a different forum, the purview of this petition was limited to prayers made in it. 

Jha then said that the plea also sought a judicial inquiry into the alleged lapses in administrative action, including the alleged delay in filing FIR in the case, upon which the court directed the respondents to file a status report on the case.

 [Case Title: Sunita & Anr. v. State of NCT of Delhi & Ors]