Madras HC slams police for violations, hands over child rape case to CBI

The Madras High Court condemned the Chennai Police for multiple failures in investigating the Anna Nagar child rape case. In an order issued on October 1 and recently uploaded on the website, the court said that the procedures followed in registering the case and conducting the investigation were in violation of the POCSO Act. The court also strongly condemned the police for filing cases against journalists who covered the case instead of investigating those in the police force who violated protocols in handling the case.

The case concerns the alleged sexual assault of a 10-year-old girl in Chennai on August 29. The girl’s parents alleged that they were beaten up by the inspector of Anna Nagar All Women’s Police Station (AWPS) in the wee hours of August 31 when they reported the crime. Additionally, an audio clip was circulated on social media platforms in which the survivor recorded her statement. The court reprimanded the police for their misconduct in the investigation and handed over the case to the CBI.

An FIR has been lodged against Times of India journalist A Selvaraj and YouTuber Maridhas for circulating the audio clips and reporting on them.

The court severely reprimanded the police for the long delay in arresting the accused despite the fact that the accused lived next door to the survivor. The judges also said it was “inadmissible” that the surviving child was molested in hospital and her statement was recorded in the late hours of the night.

The judges also said they did not value cases filed against journalists. “The publication takes place after receipt of the video image or information. Therefore, the police are expected to conduct a thorough investigation and identify the people, all of whom are the actual accused, who shared the audio and video recordings with the journalist. Therefore, mere registration of a case against the journalist would not further the cause of justice.”

The court also said that the practice of bringing cases only against journalists and YouTubers and not against the actual defendants behind the leak is “intended to endanger press freedom.” “Since freedom of the press is a constitutional right, it cannot be compromised. In such publications, the police are expected to identify the actual accused who provided such video footage and information to the journalist instead of initiating criminal proceedings only against the journalist,” the court said.

The court was hearing two petitions: a suo motu case initiated by the Madras High Court; and a habeas corpus petition filed by the child’s mother seeking to bring the child before the court and return him to his parents and provide him with medical treatment, protection and adequate compensation. The mother also requested that disciplinary proceedings be initiated against the police officers concerned.

Justices SM Subramaniam and V Sivagnanam said that the procedures followed by the police and the treatment of the minors and their parents were in direct violation of the POCSO Act. While handing over the case to the CBI, the court also said that the police’s actions had created “serious doubts and mistrust” which had resulted in the survivor losing his trust in the police.

The surviving child was taken to a hospital after he became ill on August 29 and doctors informed one of the parents that the child had been raped. The survivor initially named her neighbor Satish, a 30-year-old water jug ​​supplier, as the accused. The survivor’s mother filed a complaint against Satish with the Anna Nagar AWPS. However, according to police, the survivor later changed her statement and named an underage boy related to her who had sexually abused her two years ago. But the survivor’s mother told TNM that AWPS inspector Rajeev threatened the survivor to change her statement. Police initially did not arrest Satish citing insufficient evidence. However, when the media reported the incident, the police arrested Satish.