HC raps Punjab Police for inaction in minor sexual assault case
The Punjab and Haryana High Court has censured the Punjab Police for its “reluctant approach” and “sheer incompetence” in investigating a sexual assault case involving a 13-year-old girl. The admonition came as Justice Namit Kumar of the high court expressed dissatisfaction with the police’s failure to arrest the accused despite the rejection of his anticipatory bail applications by both Jalandhar Additional Sessions Judge and the high court.
The court also directed the Commissioner of Police, Jalandhar, to file a personal affidavit within 10 days, explaining the inaction since the FIR’s registration.
The case pertains to an FIR, registered on July 26, 2024, for rape and other offences under Section 376(2) of the Indian Penal Code (IPC) and the provisions of the Protection of Children from Sexual Offences (POCSO) Act, 2012, at the Bhargo Camp police station in Jalandhar.
The victim’s grandmother approached the high court through counsel Harsh Chopra seeking directions for the police to expedite the investigation and arrest the accused allegedly enjoying political patronage from a local MLA and a former SHO.
Chopra, during hearing, argued that the police had failed to comply with legal provisions and that the accused had been seen roaming freely in the local area.
Justice Kumar asserted: “The present case shows the sorry state of affairs of the State machinery, where the police is unable to nab the accused, who has been prosecuted for committing a heinous crime against a minor girl of 13 years.
Justice Kumar further asserted the police failed to take effective steps to apprehend the accused, who was still at large, despite the FIR registration and the recording of the victim’s statement
Justice Kumar also referred to the violation of Section 193(2) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which mandates the completion of investigation in cases under the POCSO Act within two months.
Justice Kumar asserted: “The investigation has not been completed within the stipulated period of two months, and till date, the accused has not been apprehended. This reluctant conduct of the police leads this Court to infer that the jurisdictional police authorities and senior officers are shying away from performing their duties.”
The court also rapped the police for delay in initiating steps, such as writing to passport authorities and obtaining bank account details of the accused only after presenting the challan in court. “Such steps should have been taken at the initial stage of the investigation, not at this fag end,” Justice Kumar observed.