Magistrate Recorded 4-Yr Old Rape Victim's Statement In Front Of Accused : Rohatgi Tells Supreme Court

In relation to a 4-year old girl's rape case, Senior Advocate Mukul Rohatgi today flagged before the Supreme Court the issue of insensitivity on part of police officials and Courts while dealing with sexual offenses.

The senior counsel urged the top Court to lay down certain guidelines, so that a victim does not get "re-traumatized" at the pre-trial stage - the stage where the trauma endured by the victim is "fresh". "That trauma is increasing because of the insensitivity of everybody", Rohatgi said.

A bench of CJI Surya Kant, Justice Joymalya Bagchi and Justice Vipul Pancholi was dealing with the rape case of a 4-year old girl, whose parents have approached the Court seeking an investigation by the CBI or a Special Investigation Team, deeming the investigation by Haryana Police to be dissatisfactory.

During today's hearing, Rohatgi, on behalf of the victim/her parents, raised several issues:

- He alleged that the victim was asked to approach the Child Welfare Committee office, while as per law, the CWC is supposed to make a house visit. Apparently, when the victim/her family requested that the CWC member(s) visit their house, the concerned SI gave an irritated response, stating they were being "difficult". At the CWC office, 4 unknown women interacted with the child for 30 minutes and the parents had to reassure her from a window.

- He alleged that the victim was "shuffled from hospital to hospital" after the incident (first taken for medical examination to Max Hospital, Gurugram and then told to go to Civil Hospital).

- He alleged that the Investigating Officer (since suspended) tried to impress upon the victim's family to withdraw the FIR, as it will later become "hell" for them;

- He alleged that on the day of recording of her statement, the concerned Magistrate repeatedly told the victim "sach bolo, sach bolo", while the accused were right there in the same room. The victim ought to have been screened from the accused, Rohatgi emphasized.

"In the Magistrate's room, the distance is only 4 ft!" the senior counsel exclaimed.

On hearing Rohatgi, Justice Bagchi questioned, "During interrogation, the parents were there?" The senior counsel responded, "Not before the CWC. 4 women are examining this young girl. In a room without the parents!" On a specific Court query, it was informed that when the statement was recorded before the Magistrate, the victim was accompanied by her mother.

The senior counsel also highlighted that the woman IO in the case got suspended for taking a bribe in another POCSO case. The State's counsel added that since the suspension, the SHO of the concerned police station conducted the investigation.

Pertinently, when the bench queried if the child-victim's mother was present before the Magistrate at the time she was confronted with the accused, Rohatgi replied in the affirmative and added that the mother had also filed an affidavit recounting the events.

"What kind of insensitive has the police become? You have done nothing great in the past also. But this kind of incident, we never expected! In a so-called metropolitan city, this is happening!" the CJI posed to the State's counsel.

At last, while issuing notice, the bench directed the Commissioner of Police, Gurugram and the Investigating Officer to remain personally present before the Court on March 25, with the complete record of the investigation. It further asked the Sessions Court, Gurugram, to obtain the comments of the Judicial Magistrate who recorded the child's statement.

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