'Lethargic Approach Tarnished Country's Image': High Court Slams Bihar Police For Lapses In Probing Foreign National Minor's Sexual Abuse Case

The Patna High Court has strongly criticised the Bihar police for their lethargic and negligent handling of a case involving allegations of sexual abuse against a minor foreign national, observing that their conduct—from the stage of FIR registration to investigation and charge-sheet submission—tarnished the image of India as a nation committed to justice under the Constitution.

The Court held that the police's “lethargic or lackadaisical approach” prima facie reflected a failure to uphold the values enshrined in the Preamble. It further noted that the Special POCSO Court's refusal to admit electronic evidence, despite being accompanied by a valid certificate under Section 65B of the Indian Evidence Act, amounted to a miscarriage of justice and constituted an abuse of process.

Justice Bibek Chaudhuri, stated, “The lethargic or lackadaisical approach from the very beginning to register the FIR, conducting investigation and finally submission of charge-sheet, prima facie suggest that the role of the police authority in the instant matter tarnished the image of our country where protection of justice, social, political and economic was granted in the preamble of the Constitution,” Justice Chaudhuri added.

“This Court is of the view that the messages sent by the accused through computer devices like mobile phones, laptops, etc., are important documents in order to come to a logical conclusion of the case; therefore, this Court is inclined to pass an order in the instant writ petition in order to protect the life and liberty of a minor girl and also to protect the impartiality of the Indian judicial system...”

“...The impugned orders are glaring instances of abuse of the process of the Court. For adjudication of a charge of sexual abuse upon a minor girl, the Court must be proactive and inquisitive in nature to find out the real culprit. The process is more of a quest for a truth than a mechanical abduction,” the Court added.

The above ruling was delivered in a Criminal Writ Jurisdiction Case filed by the mother of the minor victim, challenging the order of the Special Judge, POCSO, Darbhanga, which had refused to admit Facebook messages and other electronic communications allegedly sent by the accused to the victim and her parents. These messages, the petitioner claimed, included confessions of sexual intercourse with the minor during her stay in Darbhanga.

The case originated in 2018 when the petitioner first attempted to lodge a complaint at the jurisdictional Mahila P.S., which was not accepted. The FIR was only registered a year later, in September, 2019, by Darbhanga Town Police under Sections 354A, 354D, 504, and 506 of the IPC. However, no provisions under the POCSO Act were added. The police also failed to record the victim's statement under Section 164 CrPC until the High Court intervened and directed the Judicial Magistrate to do so via video conferencing.

Following the submission of the charge-sheet, the petitioner filed a protest petition highlighting the omission of key evidence, particularly electronic messages that could corroborate the victim's account. These were submitted along with a certificate under Section 65B of the Indian Evidence Act, but were rejected by the Special Judge on the ground that the original devices were not produced before the court.

The petitioner argued that the police had been repeatedly requested to collect and verify the electronic evidence, but failed to do so. Even after a direction from the High Court, the investigating officer did not comply with the instructions to recover the accused's mobile phone, obtain CDR records, and gather digital evidence in proper form.

The Court ultimately directed the Special Judge, POCSO Act, “to allow the applicant to produce the computer devices before the court after fixing a specific date and informing the same to the petitioner well in advance.”

The Court also directed that the trial court must allow the petitioner to produce the relevant devices and directed the Special Judge to facilitate expert assistance with the help of the SHO, Darbhanga P.S., to extract and examine the data.

The Court further ordered that the scientific report be obtained within a month and that the trial court was at liberty to mark the messages as exhibits if the evidence complied with Section 65B requirements.

Case Title: Angela Lee Hicks vs The State of Bihar and Ors

LL Citation: 2025 LiveLaw (Pat) 31

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