Bombay HC Directs To Take Corrective Measures And Trace The Victim Girl Who Was Allegedly Sexually Assaulted

Overview

• On 31st March, 2021, revealing its shock, Justice Bharati Dangre of Bombay High Court directed the investigating officer to take corrective measures and trace the victim girl, in the case wherein a girl who was allegedly sexually assaulted and ravaged was left on a railway platform.

Background of the case

• On, 25 June, 2018, FIR was lodged by a passer-by who noticed an auto-rickshaw with black curtains on all side and could hear a girl’s cry under section 354, 363 and 376 of I.P.C and Section 8 and 12 of POSCO Act.
• As, alleged by the complainant, he pulled the curtains and noticed that another man was forcing himself upon a girl, noticing, he asked the person to come out but when he refused the complainant pulled him out.
• At that time, traffic police reached there and the said person was apprehended.
• The girl in her statement that was recorded on 26 June,2018, submitted that she was 16 years old however there was no document provided for the same.
• She explained the entire incident in great detail and said that she knew the auto-rickshaw driver since last 5-6 months and the one committing sexual assault was alleged to be his brother.
• She also admitted that she was given beer and food which she consumed and left her in drunken state.
• On the other hand, the accused said that the girl was in flesh trade and whatever happened, happened with her consent.
• The accused has filed a bail application and approached the honorable court.

Observation of the court

• The court at the very beginning observed that, some strange things have surfaced, which surely calls for introspection of all stakeholders dealing with the issue of women, particularly minor girls.
• When the court asked the learned A.P.P was asked the current status of the girl, it was told that she was still dwelling on Platform no.1 of Andheri Railway Station, the court said that it is surprising, rather shocking to note that a girl, who had met with sexual assault and ravage is left on a railway platform in such a manner.
• The court also observed and said that the Investigating Officer was not aware of any provisions of the law otherwise it would have been ensure that the girl is taken to some rehabilitation home or correction home.
• The court observed, when it is the case of prosecution and the girl is a minor, then the assistance of Juvenile Justice should have been taken but nothing like that has been done here.

Directions of the court

• The court directed the investigating officer to trace the victim girl and corrective and necessary step to be taken regarding the said girl.
• The court also observed that if the documents are not available then an Ossification Test to be done as a proof of her age.
• Lastly, the court directed that the applicant in the case of, Kadir Kabir Husen V. The State of Maharashtra, Bail Application no. 3203 of 2019, must wait, till the picture becomes clear in this case.

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