Chennai, Oct 1 (PTI) The Madras High Court on Tuesday transferred to CBI, the investigation in the case relating to alleged sexual assault of a 10-year-old girl at Anna Nagar in the city.
A division bench comprising Justices S M Subramaniam and V Sivagnanam passed the order on proceedings initiated by the court and another Habeas corpus petition filed by the mother of the victim girl.
In her petition, the woman alleged that her minor daughter was sexually abused by a neighbour. When she and her husband went to the police station to give complaint, they were beaten up and ill-treated by the Inspector of police, she added.
The bench said enough material were available to transfer the investigation in the case to the Central Bureau of Investigation. It has gone through the facts which were all disturbing and touches the conscience of this court.
The bench said the manner in which the investigation was conducted raises suspicion. Further, the way in which the victim girl was treated and the statement obtained from her was also disturbing.
The bench said the girl’s parents were also not treated properly. The accused was not arrested immediately, though the victim girl named the accused, the bench added.
The bench said the FIR registered against a journalist (who published the statement made by the victim and her parents) cannot be accepted by this court. Filing of FIR would not serve the objective of the Act, the bench added.
It said the manner in which the FIR was registered in a sensitive case like this gives suspicion. The victim’s side also lost confidence in the investigation conducted by the state police.
The bench said it cannot conduct a roving enquiry into the statement made by the victim side as well as prosecution side.
“Therefore, we have arrived at an irresistible conclusion that the entire case should be transferred to the Joint Director, CBI for continuing investigation and take all action in accordance with law”, the bench added.
The bench directed the Anna Nagar police to hand over the entire file to the central agency. The state police was directed to provide police protection to the family of the victim girl enabling them to live peacefully, the bench added.
The bench said the victim’s family was at liberty to approach the appropriate court for further compensation. Already a compensation of Rs one lakh was given to the victim’s family. PTI CORR SA
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