Madras High Court Constitutes SIT To Probe Alleged Leak Of Minor Survivor's Statement In Sexual Assault Case

A division bench of Justice R Subramaniam and Justice C Kumarappan, which was entrusted with monitoring the progress of the SIT investigation, had initially observed that the investigation into the alleged leak of the victim's statement and the assault on her parents could also be monitored by the same SIT constituted by the Supreme Court. 

However, the bench was informed that there would be some difficulties as one of the officers in the SIT had been transferred and the other two were part of the SIT entrusted with the investigation into the sexual assault of a 2^nd year engineering student in Anna University campus. The state thus suggested names of officers who could be part of the new SIT

The court thus formed the new SIT and asked it to submit a report after 15 days. The new SIT comprises of the following officers:

1. Mr. Pakerla Cephus Kalyan (Joint Commissioner of Police, Law and Order, West Zone)
2. Ms. Shanthi Devi (Inspector, Cyber Crime Wing, West Zone), and
3. Mr. Praveen Kumar (Inspector, Cyber Crime Wing, Avadi)

The case related to the alleged sexual abuse of a 10-year-old girl. The parents of the girl had taken her to a doctor, who informed them that she was sexually abused. The doctor referred the girl to Kilpauk Medical College, where a duty doctor examined her and informed the Child Welfare Committee as well as an all-women police station.

The victim's statement was taken at 1:00 am in the corridors of the KMC hospital, near the lift without her parents' presence. The statements were subsequently broadcast through social media and newspaper publications. The victim's parents also raised serious allegations against the conduct of the police, stating that the accused was made to sit in a chair in the station while the victim's parents were beaten up.

Being unsatisfied with the manner in which the investigation was being carried out by the State police, the High Court, in October last year, had transferred the investigation to the CBI. The court had also noted that the state police had not followed the procedures under the POCSO Act and added that the entire manner in which the case was handled disturbed the court's consciousness and required further investigation.

When the state challenged this order before the Supreme Court, the Supreme Court modified the High Court's order and transferred the investigation to the SIT.

Case Title: Suo Motu v The Deputy Commissioner of Police

Case No: HCP 2408 of 2024