HC raps cops on remand home case

police station to “identify the accused”. “How does the station come into the picture when the girl was assaulted in the custody of the remand home itself,” asked advocate Flavia Agnes, for the manch. “The girl has only now recovered from the trauma, and has just started talking. How can they subject her to it again,” she argued. She pointed out that while it was believed that the girl was deaf-mute, she was actually mentally retarded and in fact was not in a condition to identify any accused.

Earlier, on a plea by the NGO, the girl was shifted out of the remand home to Bal Asha Sadan at Mahalaxmi two weeks ago.

As had been reported in the Newsline, the girl was entrusted to the Dongri Remand Home on February 16, when she was found loitering at the Dadar police station. However, she was admitted to the government-run J J Hospital on February 25, suffering from convulsions and high fever. She was diagnosed as having been victim of a violent sexual assault and the report stated that the time of the assault was between three to five days. “Which meant that she was assaulted when she was in the custody of the remand home,” said Agnes.

She argued that this was similar to another case of 1997, when a seven-year-old girl was raped by the cook of the Dongri Remand Home and the accused has also been convicted. She pointed out that the police were trying to shield the home officials since the medical reports of February 17 from the police hospital at Nagpada, clearly stated that the girl’s hymen was intact.

The bench expressed surprise at this submission. “It is clear from the medical reports that the incident has happened in the home,” said Justice Patankar. Agnes also asked for compensation for the child, saying she needed money for her treatment that included expert help in getting her out of her trauma. “She also has to be sent to a special home,” she said. The bench then directed her to make a list of the things she wanted from the state and they would consider it for the girl.

Agnes asked for the forensic report on the incident, which has not yet been submitted. The bench then rejected the assistant public prosecutor’s request for two weeks for further investigation. “The incident took place in February, you still want two weeks,” asked Justice Khanwilkar.

The bench has now placed the matter for further hearing on April 18, and has directed the city police to place their investigations on the incident on record.