Verify if 5-year-old boy was taken to police station: Bombay HC

Written By Unknown on Kamis, 29 Januari 2015 | 22.23

MUMBAI: The Bombay high court on Wednesday directed the state government to submit a report stating whether a five-year-old boy was taken for questioning to the Antop Hill police station from his school following allegations of "sexual assault" on his classmate.

A division bench of Justice V M Kanade and Justice Revati Mohite-Dere took suo motu cognizance of a report in TOI in December and directed to treat it as a PIL.

K P Asha Mukundan , assistant professor, Centre for Criminology and Justice, Tata Institute of Social Sciences, brought the incident to the notice of the high court, requesting it "to raise a case of violation of child rights".
In her December 24 letter to the chief justice, she wrote: "What was more shocking than a five-year-old being alleged to have sexually assaulted his classmate, was the manner in which few policemen ... went to the school in a police van to pick up the boy for questioning in the police station, which is totally unacceptable."

Mukundan said that under Section 82 of the Indian Penal Code, nothing done by a child below seven years is an offence.

Discussions with the boy's father and parents of children from the school indicated a case of sexual assault on a five-year-old girl, who had to undergo treatment for the injuries.

"So the probability is very high that there is an adult involved," Mukundan said in the letter. "However the implication of a five-year-old boy in this matter looks like an attempt of the police to shield an adult who may actually be the culprit."

She said that an "attempt to get the complaint failed as the police station was very alert and did not provide any information".

The judges "directed the state government to submit a report to this court in one week as to what has actually transpired" and "whether the allegation that a five year old child was taken to the police station for questioning him" was true. Directing the state to be made a party, they posted the hearing after a week.

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