Anna Nagar Sexual Assault Case: Madras High Court Directs POCSO Court To Hold Day-To-Day Trial, Orders Protection For Victim & Family
The Madras High Court, on Tuesday (24 March), directed the Special Court for trial of cases under the Protection of Children from Sexual Offences (POCSO) Act to conduct a day-to-day trial in connection with the sexual assault of a 10-year-old in Chennai's Anna Nagar area.
The bench of Justice P Velmurugan and Justice M Jothiraman directed the court to expedite the trial and dispose of it at the earliest. The court also ordered adequate police protection for the victim and her family for a fair trial.
The court had previously ordered a CBI probe in the case after noting that it was not satisfied with the manner in which the investigation was being carried out by the State police. The court had also remarked that the State had merely registered an FIR against persons who had shared the leaked audio of the minor victim's statement and not taken any action against the officers who had facilitated it. The High Court had also ordered interim compensation of Rs 1 Lakh to the victim's parents to enable them to maintain their livelihood and contest the case.
When the State appealed against this order, the Supreme Court modified the order and constituted a Special Investigation Team (SIT) to conduct a probe. The Supreme Court also awarded Rs 75,000 in favour of the victim's family.
Parallelly, the Madras High Court appointed another Special Investigation Team to probe into the alleged leakage of the victim's identity. Today, the court directed the SIT to conduct a fair, impartial, and expeditious probe into the incident. The court also directed disciplinary action against the woman officer who had allegedly leaked the victim's statement, in addition to the criminal case already registered against her.
The court thus closed the suo motu plea that was initiated by it after the incident, and the habeas corpus plea filed by the victim's mother against the girl's detention.
Background
The case relates to the sexual abuse of a 10-year-old girl. The court was informed that the parents of the child, after noticing a bad smell from her, had taken her to a nearby doctor, who informed them that the girl had been sexually abused. The doctor then referred her to Kilpauk Medical College. The duty doctor at KMC examined the child and also informed the Child Welfare Committee and the all-women police station.
It was submitted that the minor victim's statement was recorded at 1 am in the corridors of the KMC hospital, near the lift. The court was also informed that the parents of the victim were not present when the statements were recorded. It was further submitted that the statements were recorded and were subsequently broadcast through social media and newspaper publications.
Raising serious allegations against the procedure followed by the police, the petitioners argued that the accused was made to sit at a chair in the police station while the victim's father and mother were beaten. The counsel for the petitioner contended that the investigation was being carried out unfairly and that the victim would not get justice.
The State Public Prosecutor, however, opposed the allegations and submitted that the investigation was being carried out properly. He informed the court that FIRs were already registered against the YouTuber and the journalist who had broadcast the video recording made by the inspector.
Case Title: XXX v The Deputy Commissioner of Police
Citation: 2026 LiveLaw (Mad) 1
Case No: HCP 2334 of 2024