The Supreme Court on Friday expressed grave concern over the alleged insensitivity displayed by police officials and courts while handling the rape case of a 4-year-old girl, observing that such conduct is re-traumatizing the victim at the pre-trial stage when the trauma is still fresh.

A bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice Vipul Pancholi was hearing a writ petition filed by the parents of the minor seeking transfer of investigation to the CBI or a Special Investigation Team, alleging that the Haryana Police probe was unsatisfactory and lacked sensitivity.

Senior Advocate Mukul Rohatgi, appearing for the victim and her family, urged the Court to lay down comprehensive guidelines to protect child victims from further trauma. “That trauma is increasing because of the insensitivity of everybody,” Rohatgi submitted, emphasising that the pre-trial stage is when the victim is most vulnerable.

Rohatgi highlighted several glaring instances of alleged insensitivity:

The Child Welfare Committee (CWC) failed to visit the victim’s house as required by law and instead summoned the child to its office, where four unknown women interacted with her for 30 minutes while the parents reassured her from a window. When the family requested a home visit, the concerned Station House Officer reportedly reacted irritably, calling them “difficult”.

The minor was shuffled between hospitals — first taken to Max Hospital, Gurugram for medical examination and then directed to Civil Hospital. The Investigating Officer (since suspended) allegedly pressured the family to withdraw the FIR, warning that it would later become “hell” for them.

Most shockingly, when the child’s statement was recorded before the Magistrate, she was repeatedly told “sach bolo, sach bolo” while the accused were present in the same room, merely four feet away. Rohatgi stressed that the victim ought to have been properly screened from the accused.

The bench took strong note of these submissions. CJI Surya Kant remarked with dismay, “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!”

Justice Bagchi also inquired whether the parents were present during the proceedings. Rohatgi clarified that the mother was present before the Magistrate but the child was examined at the CWC office without parental presence.

The State informed the Court that the woman IO was suspended in another POCSO case and that the SHO had since taken over the investigation.

While issuing notice, the bench directed the Commissioner of Police, Gurugram and the Investigating Officer to remain personally present before the Court on 25 March 2026 along with the complete record of investigation. It also asked the Sessions Court, Gurugram to obtain and place on record the comments of the Judicial Magistrate who recorded the child’s statement.

The matter has been listed for further hearing on 25 March 2026.

Cause Title: XXX v. State of Haryana | W.P.(Crl.) No. 123/2026