Orders magistrates to withdraw such circulars: HC condemns assigning fixed dates for recording statements in POCSO cases

The bench, comprising Justices Revati Mohite-Dere and Prithviraj K Chavan, was addressing a plea filed by the mother of a three-year-old girl, who alleged that her daughter was sexually assaulted by a 15-year-old neighbor. The plea sought a free, fair, and impartial investigation into the case.

The petitioner claimed that the police had failed to assist her adequately. Her lawyers argued that while the incident occurred on August 13, the victim was only sent for a medical examination on the night of August 14, although it should have been conducted within three hours.

The delay was attributed to the police’s reluctance to promptly register the complaint, with allegations of abuse by police officials during the recording of statements.

Public Prosecutor Hiten Venegaonkar, representing the Mumbai Police, outlined the investigation timeline and procedural steps taken. He noted that the accused had been detained, sent to a juvenile home, and relevant charges, including those under the Atrocities Act, were added. Disciplinary proceedings were also initiated against five police personnel for allegedly showing insensitivity to the victim’s family, with show cause notices issued as per Section 4 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

In response to the court’s inquiry about why the statement under Section 183 of BNSS had not yet been recorded, Venegaonkar explained the practice of assigning two dates per month for each police station. He mentioned that while a request was forwarded to the magistrate, the date for recording statements had been set for September 13.

“We deprecate the practice ignoring the urgency which will be there in a given case for recording statements of victims under BNSS. On a requisition made (by police), it is incumbent on the magistrate to ensure that statements are recorded within three to four days,” the bench noted and asked the magistrates concerned to withdraw such circulars forthwith.

Venegaonkar also submitted that all financial assistance will be given to the family of the victim next week as per Manodhairya scheme and relevant rules.

The bench will hear the plea next on September 19.