Madras HC directs investigation into charges of sexual abuse of a 9-year-old child living in a temporary shelter after the 2004 tsunami
Murugan vs. Inspector of Police, Chennai
This petition seeks the registration of a First Information Report (F.I.R.) in the case of sexual abuse committed on a 9 year old child by a 45 year old man. The police refused to register the complaint dated 7th April 2007. The petition also requests a medical examination of the victim and the accused.
Case Details and Status
The Petitioner is a tsunami victim living in a temporary shelter. His daughter aged about 9 years has been subjected to frequent sexual abuse by a 45 year old man who lives in the shelter next door. As soon as the Petitioner found out about the sexual harassment on his daughter, he reported it to the police on 7th April 2007.
In spite of receiving the complaint, the Police did not take any action even though the identity and the address of the accused were known. After the petition was filed in the High Court the Police registered a case under Sec.4 of Tamil Nadu Prohibition of Harassment of Women Act. The Police then pressurised the Petitioner to withdraw the complaint. The accused threatened the Petitioner and his family with dire consequences.
After getting more details from the child, the Petitioner gave a detailed report on 13th April 2007 but the Police did not take any action. In desperation the Petitioner approached HRLN-Tamilnadu.
HRLN filed a Petition under section 482 of Criminal Procedure Code before the High Court demanding that the Police register the F.I.R)on the basis of the specific allegations given by the Petitioner in his complaints dated 7th April 2007 and 13th April 2007. It is also requested that the accused and the victim be sent for medical examination.
After the case was filed, the High Court directed the Police to send the entire case record along with Crime No.4 of 07 to the Inspector General of Police, Crime Branch C.I.D. (Metro Wing). On receipt of the case records from the Police, the Inspector General will nominate a competent Police Officer to investigate the matter in accordance with law and to file a final report within a period of three months. The High Court further directed that the child should be sent for fresh medical examination under the supervision of the Dean of Madras Medical College Hospital, Chennai.