Anna Nagar Pocso case: Disturbing mind, conscience, says HC, transfers probe to CBI

CHENNAI: Stating that it has found serious irregularities in the procedure followed by the police officers, the Madras High Court transferred the investigation into the alleged sexual assault of a 10-year-old girl in Anna Nagar and the attack of her parents to the CBI.

In his counter, State Public Prosecutor (PP) Hasan Mohammed Jinnah said the investigation was under way and all appropriate actions would be taken in accordance with the law.

However, after perusing the counter and facts of the case, the division bench of Justice SM Subramaniam and Justice V Sivagnanam said the accused was arrested after a delay of 12 days since the case was registered and expressed dissatisfaction over the manner in which the police handled the case. "The facts in the present case are disturbing the mind and conscience of this court," observed the bench.

“Undoubtedly, there is a clear violation of the provisions of the Pocso Act in the procedure followed by the police, and the manner in which the girl and her parent were treated during the investigation is a disturbing factor,” it said.

The bench directed the police to provide safety and protection to the girl's family to lead a peaceful life, but refused to grant interim ex gratia and instead advised them to file a petition before the special court.

Setting guidelines for the police to follow while dealing with Pocso cases, the bench said if any complaint of child sexual abuse is reported, the police should register a case promptly and accurately.

The FIR should be registered immediately, the process should be expedited and the investigation should be referred to a lady officer not below the rank of sub-inspector with the knowledge of handling child abuse cases, said the bench.

Child victims of sexual abuse should be treated with compassion and dignity. The investigation officer should ensure that the identity of the child was not disclosed in the course of the investigation and the statement must be recorded in the residence of the victim or any other place of choice of the victim, it observed.

The police must ensure the safety and protection of the victim from the accused during the investigation and the victim should not be detained in the police station at night for any reason. Officers handling Pocso cases must undergo specialised training and investigation should be conducted on priority basis and completed within 90 days, added the bench.

On August 30, the 10-year-old girl’s mother lodged a complaint at Anna Nagar all women police station stating that the child was sexually abused by a person residing near their house. After she lodged the complaint, inspector Raji allegedly attacked the parents inside the police station in the presence of the accused, who is a politically influential person.

It was also submitted that the inspector harassed the child while she was admitted to Government Kilpauk Medical College Hospital and also recorded her statement without the presence of her mother.

After this incident was reported in newspapers, AP Surya Prakasam, an advocate, wrote a letter to the Madras High Court seeking action against the police officials involved. Following this, the suo motu case was listed before the bench. Later, the child’s mother also filed a petition seeking compensation and protection from the accused.