Bombay HC Proposes Committee For SOPs In Badlapur Minor’s Case, Hearing Adjourned Till Oct 1

The Bombay High Court on Tuesday proposed the formation of a committee to develop Standard Operating Procedures for the police, hospitals, and schools in cases of sexual assaults on minors.

This suggestion came during the hearing of the Badlapur minors’ sexual assault case, where the bench of Justices Revati Mohite Dere and Prithviraj Chavan expressed concern over the mishandling of the Protection of Children from Sexual Offences Act in this case.

The court recommended three individuals to form the committee: retired IPS officer Meera Borwankar, former Bombay High Court Judge Sadhana Jadhav, and Shalini Phasalkar Joshi. The hearing was adjourned until October 1.

During the proceedings, Justice Chavan criticized the way the case diary was written, remarking, “Why the stereotyped way of writing a case diary? This is not the purpose of the case diary. You cannot write in this stereotyped way for the last 35 years.” The court emphasized that the case diary should detail the investigative steps taken, especially regarding efforts to apprehend the absconding accused. They added, “The accused does not have the right to see the case diary; the same writing style has been used for decades.”

The court also expressed dissatisfaction with the investigation’s progress in arresting the absconding accused. “There should also be a proper way to investigate and write the case diary; we hoped that you would tell us what concrete steps have been taken to investigate the matter… People are watching what you are doing. So, do not file the chargesheet in a hurry,” the court advised.

Addressing the issue of vacancies in the forensic department and delays in obtaining reports, Advocate General Birendra Saraf acknowledged the backlog, noting that efforts are being made to address it, including hiring personnel on a contractual basis.

Regarding the Test Identification Parade (TIP) of the accused, Saraf mentioned that another FIR had been filed. The victim’s lawyer highlighted that the TIP process can be traumatic for victims and their families. The court further emphasized the importance of educating children to prevent such incidents, stating, “Educate your son and save your daughter.”

Previously, on August 31, a Thane Court had approved the Special Investigating Team’s (SIT) request for a test identification parade of the accused in the Badlapur minors’ sexual assault case. The victims identified the accused during the parade, which was conducted in the presence of the Executive Magistrate.

Following the identification, the SIT prepared a psychological profile of the accused to assist in the ongoing investigation.

The case involves the alleged sexual assault of two four-year-old children inside their school in Badlapur, Maharashtra.

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