Badlapur Minor Assault: LIVE UPDATES from Bombay High Court

The Bombay High Court is hearing an incident of sexual abuse of two kindergarten students at a school in Thane's Badlapur.The matter is being heard by a Division Bench of Justice Revati Mohite Dere and Justice Prithviraj Chavan after the Court took suo cognisance of the same on August 21.Two kindergarten girls were reportedly sexually molested by housekeeping personnel at a school in Badlapur last week.The incident occurred on August 13 in the school restroom. According to the First Information Report (FIR), the parents reported the incident to police on August 16. The family said that the FIR was filed 11 hours following their complaint.The incident has triggered outrage among the public with many protests happening as a result. Many have been arrested in connection with the protests and violence.Track live updates from the hearing here..The bench has assembled..Public Prosecutor Hiten Venegaokar requests the matter be kept back for some time for Advocate General. PP: We will like to see the petition... For whatever cognisance the Lordships have taken, can I have the copy?PP: The order is not uploaded.Court: The copy is uploaded. We need to see the FIR. We have relied on newspaper reports that have come..Matter kept back..Justice Chavan clarifies that the bench will not bear intervenors. AG: the SIT Chief Aarti Singh is here. The accused had been arrested and everything will be done on a speedy basis..Court: Can we have a look at the girl's statements being recorded? Even the 164 statements. Has PoCSo been complied with? AG: A lady officer was present..Court ask to see court diary and FIR says we don't want loose pages. We want to see both case diary and FIR..Court: And where were the statements recorded? AG: They have recorded statements but not under section 164. They were recorded at the residence.Medical examination of the girls is also done, Court told. .So girls had complained to the school authorities, Court asks.AG: It appears so. Court: So no action was taken. The FIR it seems that no action was taken.AG agrees that some action should have been taken.That should have been done even before the SIT was constituted. Once they came to know what school authorities were informed. It was incumbent upon them, Court notes. Court: Not reporting also invokes POCSO. It should have been done.Court: Say whether girls are on counselling what has been done. What's the state govt done in terms of giving counselling? AG: We are gathering facts. We will report. Why is there no mention of the second victim in the FIR? AG reads para 3. Court: We are not supposed to disclose the name of victims, parents or relatives. The investigation has been transferred to SIT. Why has your officers not shared all the documents? Shouldn't they be given an entire copy of the investigation. There may have been some investigation. Where is the full file? If it's not recorded your officers should be candid. Whether any effort was taken to record the statement of first child? AG says he doesn't want to say anything casually. Let SIT take full review of everything and apprise the Court on Monday..Court asks whether the police have video recorded the statements as required by Section 173 of BNSS?.Court: You will take action against school authorities for not taking action. And you will I'll say why the statement of the second child was not taken. How can the police take it so lightly?.How can the police take it so lightly?Bombay High Court.Court: You will file an affidavit saying what steps you have taken and what steps you intend to Take for the safety of girl children in schools Court: It has become common now. Unless there is a strong outburst, the machinery doesn't work. AG: Action will be taken against police officers for dereliction duty. Court: Assistance should be given to the victim. At last the victim should not be victimised. So when do you want this now? Ensure that assistance is given to the victims..AG seeks some time since SIT was only constituted yesterday..Unless there is a strong outburst, the machinery doesn't work.Bombay High Court.Order: Pursuant to the administrative order passed by Chief Justice, the matter is before us. Suo motu case was initiated on basic of reports on newspapers about the registration of FIR, sexual assault of minors..Court: Despite this, the school authorities failed to inform the same to police. The government has constituted a SIT headed by IG Aarti Singh on 21st. All papers pertaining to the crime registered at Badlapur police station were given. He further states the statement recorded as per Section 161. When we asked ... whether the (statement of) second victim was taken, we were told that it was not taken.. .Court asks whether the second girl's father's statement was taken. AG says it's recorded. Court observes the statement was recorded today after suo moto was taken. Court: This is not done. .Court: So it was only after the court took suo motu cognisance. If you try to hush up the matter in any way, we will not be hesitant to take action. Incident recorded on August 15 and the statement was recorded belatedly. This can't happen.. .If you try to hush up the matter in any way, we will not be hesitant to take action.Bombay High Court.Court: You will also say why the statements of parents were not recorded. We need all papers here. We are appalled by the fact that the Badlapur (police) has taken no efforts to record the statement of the second victim girl with either under Section 161 or 164. The court observed that the statement of one of the victim's father was recorded belatedly after the suo motu action..The matter will be next heard on Tuesday, 2:30. Court observes that a lot of these cases go unnoticed. Court: First thing they should have registered and FIR as soon as they learnt of it. This discourages people from coming to police.AG Says responsible officers were suspended. Court says it's not the solution. Court reminds AG of the moto of the Maharshtra police. Court: People should not have to come to streets for this. Something should also be done on the police force to sensitise them on sexual offences. Speak to DGP.

Badlapur Minor Assault: LIVE UPDATES from Bombay High Court

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