‘Gangrape’ of 15-year-old: Probe agency appears to be hand-in-glove with accused, says Special Court

The court has also asked the Medical Council of India to take necessary action against a woman doctor for “intentionally” not giving opinion about the sexual abuse of the victim. (Representational)

Noting that ‘the investigating agency appears to be hand-in-glove with the accused’, a Special Court for Women and Children in Mewat has asked the Haryana DIG to take stern action against the officer investigating the alleged gangrape of a 15-year-old for conducting DNA profiling of the accused without his arrest.

The court has also asked the Medical Council of India to take necessary action against a woman doctor for “intentionally” not giving opinion about the sexual abuse of the victim. “It appears that the Lady Medical Officer has also adopted a very casual approach while conducting the medical examination of the victim,” the order reads.
The family of the victim on Monday also approached the Punjab and Haryana High Court seeking contempt proceedings against the police officials for their failure to arrest the accused despite court orders. A case had been registered by the Women Police Station, Mewat, on May 22 in 2017 on the basis of the complaint that the 15-year-old had been raped by a youth along with two others.

Additional Sessions Judge Shashi Chauhan in the order passed last week has said that the police in November 2017 had moved an application for DNA sample of the accused before the Chief Judicial Magistrate despite knowing that the court has no jurisdiction under the POCSO Act. “It is apparent that DNA profiling in the cases pertaining to sexual abuse can be conducted only after arrest of the accused, but the investigating agency by putting the facts into dark procured the order of the Court of ld. ACJM, Nuh, failed to arrest the accused and got their DNA test conducted beyond the provisions of law,” the order passed by the Special Court reads.

The lower court has also noted that the allegations against the accused are serious and one year has passed since the incident, but the victim’s family is running door to door “but to no effect”. The court has further observed that the case needs to be probed by a responsible and impartial officer.