The Telangana High Court reprimanded the police for insisting that a 7-year-old visually challenged girl, who was allegedly raped at a city hostel for blind girls, return to Hyderabad from her home in Vikarabad to record her statement.
The court advised the police to be mindful of the situation’s demands and directed them to have her statement recorded at her home by a judicial magistrate.
Justice Vijaysen Reddy said, “It need not be a jurisdictional magistrate; any magistrate can record the statement of the child under the POCSO Act.”
The child was allegedly raped by a bathroom cleaner at the hostel about a month ago. Although the police registered an FIR, they were unable to record her statement as she had returned to her home in Vikarabad. The parents reported that the traumatized child was distressed by the idea of returning to Hyderabad, but the police insisted on her coming to the police station to give her statement. Consequently, the child’s mother approached the High Court seeking directions for the police to record her statement at their home in Vikarabad.
Her counsel, Vasudha Nagaraj, highlighted that Section 26 of the POCSO Act permits authorities to visit the survivor’s residence to record her statement.
“Additionally, they should bring a special educator to help the child confidently testify before the authorities,” she said.
Justice Vijaysen Reddy directed the police to comply with Section 26 of the POCSO Act and ordered the magistrate at Kodangal to visit the child’s home to record her statement. The judge granted the authorities 10 days to complete this task.
