Bombay High Court demands proper investigation in Badlapur sexual assault case

The Bombay High Court has directed police investigating the sexual abuse of two teenage girls at a school in Badlapur, Maharashtra, to build a “watertight” case and avoid rushing to file charges under public pressure. The court stressed the need for a thorough investigation to ensure justice is done.

During Tuesday’s hearing, a bench comprising Justices Revati Mohite Dere and Prithviraj Chavan stressed the importance of educating boys to prevent such incidents in future. Adapting a popular government slogan, Justice Dere said, “It is crucial to educate boys – ‘Bete ko padhao, beti ko bachao’ (teach the boy, protect the girl).”

The court had taken spontaneous cognizance of the disturbing incident last month in which two four-year-old girls were sexually assaulted by a male warden in the toilet of their school. The case sparked widespread public outrage and prompted the formation of a Special Investigation Team (SIT) as concerns arose over the local police’s handling of the investigation.

Attorney General Birendra Saraf, representing the government, told the court that charges would be filed soon. However, the court cautioned against haste and stressed that the investigation must be thorough and free from external pressure.

“This case will set a precedent for future cases of this kind,” the court noted, stressing the importance of public perception of the judiciary in such sensitive matters. “Do not rush to file the chargesheet. There is still time. The investigation must be properly completed before filing. Make sure everything is in order to have a watertight case.”

The High Court also criticised the SIT for maintaining the case diary in a “stereotypical” manner, which the judges felt cast a poor light on the quality of the investigation. The court underlined the importance of keeping a detailed and accurate record in the case diary and observed that omissions could undermine the credibility of the investigation.

“The purpose of a case diary is defeated when it is kept in this manner,” the judges said, adding that the lack of detail in the diary indicated a substandard investigation.

The court’s instructions serve as a reminder of the importance of care and thoroughness in handling sexual violence cases, particularly when the victims are minors. The case will continue to be closely watched by the public and the legal community, and there is an expectation that it will set a strong precedent for future investigations and prosecutions.