On Monday, in a closely watched hearing, the Supreme Court declined to immediately constitute a Special Investigation Team (SIT) in the alleged rape and death of a four-year-old child in Ghaziabad, instead directing production of the complete chargesheet, status report, and video evidence to assess whether the ongoing investigation suffers from critical lapses, an approach that emphasised judicial restraint in ordering extraordinary probes without first testing the record.
Appearing for the State, the Additional Solicitor General submitted that the investigation had progressed substantially, with a chargesheet already filed invoking aggravated provisions under the POCSO framework and cognisance taken by the trial court. It was further indicated that key forensic samples, including biological evidence, had been sent for DNA profiling, and that the role of hospitals had also been brought within the investigative fold. However, the petitioner’s side mounted a strong challenge to the credibility of the probe, pointing to what were described as material inconsistencies in the police version, including an 18-hour delay in lodging the FIR and the initial omission of sexual assault charges.
The Petitioner also relied on video footage allegedly showing the child alive upon being taken to a hospital, raising serious questions about the accuracy of official records. Additionally, allegations were levelled against private hospitals for refusing timely admission and treatment, with the argument that such denial may have had fatal consequences. Concerns were also voiced regarding the manner in which evidence was collected and preserved, as well as an alleged lack of promptness in registering and pursuing the case.
The Bench, led by the Chief Justice, indicated prima facie concern over aspects of the investigation but emphasised that the constitution of an SIT cannot be treated as a routine recourse. The Court observed that senior police officials present in Court “should be aware of these things,” signalling dissatisfaction with the handling of crucial aspects of the case. At the same time, it cautioned that premature transfer of the investigation to a specialised body may delay the process rather than advance it.
Accordingly, the Court directed that the complete chargesheet, status report, and all relied-upon video material be furnished to the petitioner to enable a focused examination of the alleged deficiencies. The hospitals named in the allegations were also directed to place their responses on affidavit. The Bench made it clear that any further intervention, including the possible constitution of an SIT, would depend on whether specific and demonstrable investigative gaps are established upon scrutiny of the record.
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