4-Yr Old's Rape In Gurugram: SIT Completes Probe, Supreme Court To Consider Hospital Lapse & Victim Compensation

In the case related to the rape of a 4-year-old girl in Gurugram, the Supreme Court today expressed that it will be considering the aspects of hospitals' negligence/complicity and victim compensation.

Noting that the Special Investigation Team constituted to probe the case had completed its investigation, the Court further directed that the chargesheet be filed before the competent court (for the law to take its own course).

A bench of CJI Surya Kant and Justice Joymalya Bagchi was hearing a writ petition filed by the parents of the victim-child seeking investigation by the Central Bureau of Investigation or a Special Investigation Team on the ground that the investigation by the Haryana police was unsatisfactory.

It may be recalled that in March, while coming down on the Haryana police for derailing the investigation, the Court had formed a Special Investigation Team to probe the case. In a scathing order, it was observed that Haryana police tried to dilute the gravity of the offense. Though there was prima facie evidence to indicate the offence of 'aggravated penetrative sexual assault' under Section 6 of the POCSO Act, the police registered the FIR only for 'aggravated sexual assault' under Section 10, a lesser offence.

"It's a glaring case where police have made all-out efforts to protect the accused", the Court observed. While directing for the SIT to be led by a senior woman IPS officer, the Court also ordered that the Commissioner of Police, Gurugram and the investigating officer of the case be disassociated from the probe.

The Court also issued notice to the delinquent police officers to show cause as to why disciplinary action not be taken against them. During the hearing, it flagged various issues with the process, which led to re-traumatizing of the victim. "Trauma and plight of the child was multiplied due to the insensitive, reckless, irresponsible and completely unlawful method of investigation having been adopted by Gurugram police," the Court noted.

It also pulled up the members of the Child Welfare Committee for the insensitive manner in which they handled the child. It was recorded that the Court had serious doubts as to whether the CWC members possessed the adequate educational and professional qualifications required to assist in such matters. The CWC members were directed to furnish their explanation and the Principal Secretary of Haryana called upon to file an affidavit furnishing reasons for appointing them.

During today's hearing, Additional Solicitor General Aishwarya Bhati informed the Court that the SIT probe is complete and the actual culprit has been nabbed. Accordingly, the bench passed the above order.

It further directed that a copy of the investigation report be supplied by the competent court to the parents of the victim, and the accused. It was also made clear that objections, if any, to the report will not be entertained before the Supreme Court.

Insofar as Advocate Sumeer Sodhi, for the Max Hospital pediatrician who prepared the victim's report, drew the Court's attention to an affidavit filed stating that the medical opinion was not changed by the doctor, CJI Kant conveyed that the Court will be considering the issue of negligence on the part of government hospital doctors.

"That I think - we should examine the conduct of government hospital doctors...they indulge in lot of...", the CJI remarked, while observing that the issue of hospitals' negligence/complicity and victim compensation will be considered.

Case Title : XXX v. STATE OF HARYANA | W.P.(Crl.) No. 123/2026