Supreme Court Forms SIT To Probe 4-Yr Old's Rape-Murder In Ghaziabad; 2nd SIT In A Month To Investigate Minor's Rape

The Supreme Court today directed constitution of a Special Investigation Team to probe the rape and murder case of a 4-year-old girl in Ghaziabad.

This is the case where the Court had earlier flagged failure of UP authorities to invoke sexual assault provisions and refusal of two private hospitals to treat the child when she was still alive.

A bench of CJI Surya Kant, Justice Joymalya Bagchi and Justice Vipul Pancholi passed the order, directing as follows:

- The DGP, Uttar Pradesh shall constitute an SIT comprising - (a) a woman police officer in the rank of Commissioner of Police/Inspector General of Police of UP cadre but not having roots in the state, (b) 1 woman officer in the rank of Superintendent of Police/Addl. SP and, (c) 1 lady Deputy SP or Inspector of Police;

- The SIT shall be notified preferably during the course of the day or in any case by 11 PM tomorrow;

- The SIT shall take up the investigation without any delay, that is, tomorrow itself;

- The SIT shall look into all the grievances raised on behalf of the victim-child's parents, especially towards protection of vital witnesses. Similarly, SIT is directed to investigate the role of private hospitals;

- Depending on the outcome of the SIT investigation, necessary consequences shall follow;

- The trial court shall keep the proceedings in abeyance till a supplementary report is filed by the SIT;

- The SIT shall endeavor to conclude the investigation as early as possible and preferably within 2 weeks;

- The allegations, including explanation/defense of private hospitals, shall be independently examined by the SIT.

The Court further stated that after filing of supplementary report by the SIT, a compliance affidavit shall be filed by it before the Registrar (Judicial) of the Court.

During the hearing, Senior Advocate N Hariharan, for the victim-child's parents, argued that the authorities were claiming completion of investigation on one hand, but on the other, the victim's father was yesterday "dragged" by the police for recording of Section 164 CrPC statement. He alleged that the father was coerced to reiterate what was stated in the FIR and also asserted that there was an ongoing attempt to shield the private hospitals.

Additional Solicitor General Aishwarya Bhati, for State of UP, countered the submissions, claiming that the chargesheet had already been filed and cognizance taken against the primary accused. She claimed that it was the father's "testimony" that had to be recorded.

Hariharan however questioned the need for police authorities to "drag" the father, when for recording of testimony, he would have been served with summons. "Why the coercion?" the senior counsel remarked.

On Hariharan's submissions about private hospitals being shielded, Justice Bagchi said that if there are apprehensions about the Prosecutor, the victim's father can remain represented before the trial court through his own counsel.

Ultimately, without expressing anything on the merits of the allegations levelled, the bench passed the above order recording that the victim's parents were dissatisfied with the state investigation and even as per the Court, the matter ought to have drawn attention of the authorities at once given the barbaric nature of the offense.

Notably, this is the second SIT to be formed within a month's time to probe the rape of a 4-year old child. In March, the Supreme Court had come down heavily on the Haryana police for derailing the investigation in a 4-year-old's case at Gurugram and constituted SIT to take over the investigation.

Case Title : XXX v. STATE OF UTTAR PRADESH, W.P.(Crl.) No. 139/2026