The Supreme Court on Monday flagged the "reluctance" of the Ghaziabad police in lodging an FIR and conducting an investigation in the rape and murder case of a four-year-old girl.
A bench of Chief Justice Surya Kant and Justice Joymalya Bagchi was informed by Additional Solicitor General Aishwarya Bhati, appearing for the police, that a charge sheet dated April 3 was filed under the enhanced sections of the Protection of Children from Sexual Offences Act (POCSO).
Bhati said the concerned court has also taken cognisance of the charge sheet.
The bench directed the police to supply a copy of the charge sheet to the victim's family.
The apex court also directed two private hospitals, Khajan Singh Mannvi Health Care and St Joseph (Mariam) Hospital, which had allegedly denied treatment to the victim who was later declared dead at a government hospital, to file their affidavits in response to the allegations made against them.
"There was reluctance in lodging FIR, reluctance in investigation, everything," the CJI observed during the hearing.
The bench was hearing a plea filed by the victim's father, a daily wager, seeking a court-monitored probe either by a special investigation team (SIT) or the CBI in the case.
On March 16, the victim was allegedly lured away by a neighbour on the pretext of buying chocolates. When the child did not return, her father launched a search for her and found her lying unconscious and soaked in blood.
During the hearing on Monday, the bench noted that a status report was filed before it by the police.
"Before adverting to the various issues that we have briefly flagged in the April 10 order, we direct the police authority to supply a copy of the charge sheet to the family of the victim," the bench said.
Senior Advocate N Hariharan, appearing for the victim's father, said there was an attempt to shield the hospitals.
He said the minor had died because medical intervention was not offered at the crucial time.
He said the apex court has repeatedly said that medical treatment cannot be refused and the child could have survived if timely treatment had been offered.
Hariharan argued that the police has recorded statements that the child was not found breathing but the video shows otherwise.
He said the incident happened on March 16 but no FIR was lodged till 3.30 am on March 17.
"The FIR was registered only in relation to murder. There was no mention of rape or aggravated sexual assault in it," the senior advocate said.
The bench observed that it can very well understand the concern of the petitioner but the prosecution has to be targeted more towards the accused against whom the allegation has been levelled.
The bench told Hariharan to go through the copy of the charge sheet.
"At the same time, in our over anxiety of constituting the SIT, let us not delay the process," the top court observed.
It said that after examining the charge sheet, the petitioner may inform if there were any gaps and SIT was needed. The bench said it was not closing the issue.
The top court posted the matter for hearing next week.
While hearing the matter on April 10, the apex court lambasted the Ghaziabad police's "insensitive approach" in the investigation of the case.
The bench had issued notices to the state government, station house officer (SHO) of the concerned police station, the two private hospitals and the executive magistrate.
It had directed the police and the hospitals to ensure that the identity of the victim and her family members was not disclosed and that they should redact any such information from the records.
The bench had also asked the state police not to harass the victim's family members.
The court had expressed dismay that the two private hospitals in Ghaziabad refused to admit the bleeding child and she was eventually declared dead at a government hospital.





