New Delhi: Pulling up Haryana Police and Gurugram’s Child Welfare Committee for “shameful”, “reckless” and “insensitive” approach in the shocking case of rape of a three-year-old, the Supreme Court on Wednesday constituted a special team of women IPS officers to conduct a fair probe into the crime.
The top court also directed the Gurugram district and sessions judge to assign the horrific case to the special POCSO court presided over by a woman judicial officer.
Coming down hard on the investigation carried out so far and the gross mishandling of the case, the top court said, “Shame on you! Is this the way the state deals with crime? The child has undergone more horrifying repeated experiences than the crime itself.”
A bench of Chief Justice Surya Kant and justices Joymalya Bagchi and Vipul M Pancholi said the present case reflects a “disturbing pattern” in which the police authorities have made concerted efforts to “shield the suspects” based on a report of a Child Welfare Committee (CWC) and instead of visiting the child, called her and parents to the police station and the CWC for recording of statements that too in front of the accused in a clear violation of norms. It said the manner in which the police authorities, ranging from the Commissioner of Police to the Sub-Inspector, have so far investigated the case discloses a “concerted and unwarranted attempt” to discredit the version of the minor victim and to portray the concerns raised by her parents as exaggerated and unfounded.
The bench said in order to ensure a fair, dispassionate and independent investigation in the case it was constituting a Special Investigation Team (SIT) comprising ADGP Kala Ramachandran, SP Dr. Anshu Singla and DyCP Jasleen Kaur.
It said, “The matter came to light on February 2, 2026, whereupon the trauma, suffering, and distress endured by the child were further aggravated by the insensitive, reckless and wholly irresponsible, investigative methods adopted by the Gurugram police in the course of investigation. The conduct and findings of the CWC, as reflected in its report dated February 5, 2026, have only served to compound such victimisation.” The top court also frowned upon the proceedings before the judicial magistrate, before whom the minor victim was produced on February 6, and said he failed to ensure that the investigation proceeded on the correct legal premise that a prima facie offence under stringent section 6 of the the Protection of Children from Sexual Offences Act (POCSO Act) (aggravated penetrative sexual assault) was disclosed that entails punishment from 20 years imprisonment extendable to life term.
It said notwithstanding the gravity of the allegations and the material available on record, the police authorities have, for “wholly unjustified and extraneous reasons”, sought to dilute the offence by erroneously classifying it under section 10 of the Act which entails punishment of five years extending up to seven years rigorous imprisonment.
Justice Bagchi observed, “If this is the quality of understanding of sensitivity in case of a three-year-old child, what do you expect of the rule of law? You say it’s not a case of rape but assault? We are indicating what’s distressing. Highest police officials took that stance to bring down the offence to section 10 of the Act. It’s for the courts to decide, not the CWC.”
The bench further said as per the affidavit filed by the authorities the probe as on February 6, allegedly did not disclose the commission of any offence but in the very same affidavit, at a subsequent stage, it says that, pursuant to a representation made by the victim’s father, the facts were re-verified on March 12. “This shifting and inconsistent stance raises serious concerns regarding the fairness and credibility of the investigation. In such circumstances, it is imperative that the incident be subjected to a thorough, impartial, and sensitive investigation, conducted with a humane approach that duly preserves the dignity of the minor victim and her parents,” the bench said.
It directed that Gurugram CP and other police officials be disassociated from the case and a show cause notice be issued to them as to why disciplinary and criminal action be not taken against them.
The top court said it is constrained to express serious reservations regarding the academic and professional ability of the members of the CWC, as well as their expertise to render meaningful assistance
to the probe agency and directed the chairperson and its members to submit an explanation regarding their report of February 6.
It directed the principal secretary of the Haryana’s Women and Child development department, to file an affidavit within one week with original records concerning the appointment of the Chairperson(s) and members of the CWCs throughout the state. With agency inputs