HC Directs Police To Conduct Probe Into Sexual Assault On Minor Girl By Her Grandfather

The Court has directed the authorities to conduct an investigation into the alleged sexual assault of a class 9 student by her grandfather.

Chennai:The Madras High Court has directed the Inspector of Police, All Women Police Station, Ooty, to conduct an investigation into the alleged sexual assault of a class 9 student by her grandfather and complete the same within 12 weeks and file a final report. Justice G K Ilanthiraiyan gave the directive while disposing of a petition recently, filed by the father of the victim girl.

According to the petitioner, the victim who was studying in a boarding school in Ooty, used to spend her winter holidays at her grandfather and aunt's house in Bengaluru . In December last, the petitioner and the victim girl went to her grandfather's house. While she was with her grandfather, he threatened the victim girl and took her phone and transferred all her personal photos to his phone without her permission and abused her physically and verbally, he added.

He submitted the man also threatened her with dire consequences. While she was staying with her grandfather, last month, when the victim girl was sleeping with her grandmother, the man went to their room and he misbehaved with her. He also sexually assaulted her. However, the victim did not inform her grandmother as she was in a state of shock. Thereafter, her aunt attempted to take her finger prints. When the victim refused to do so, her grandfather assaulted her.

When the petitioner went to Bengaluru to pick his daughter up, he was not allowed to go inside the house and as such, the petitioner called the local police and they came to rescue the victim from her grandfather. Immediately, she was taken to a local hospital and she was treated for her injuries, he added.

The petitioner submitted he later received a phone call from the relatives and friends informing that the victim's grandfather had shared the girl's personal photographs along with some morphed pictures. Therefore, a complaint was lodged and the Inspector of Police, AWPS registered an FIR under the provisions of POCSO Act and BNS Act as against the victim's grandfather and aunt.

However, the Ooty police filed a report subsequently stating they have no jurisdiction to conduct the investigation since the entire occurrence had taken place at Bengaluru. Hence, he filed the present petition, he added.

Senior counsel Abudukumar, appearing for the petitioner submitted that though part of the occurrence had happened in Bengaluru, when the victim girl was at Ooty, her relatives, friends and family members had received morphed pictures of the victim through Whatsapp from the accused. Subsequently, the Ooty police registered the FIR. Therefore, part of the crime was committed at Ooty and as such, the local police has got jurisdiction to investigate the crime, he added.

The judge concurred with the submissions. Further, in pursuance of the directions issued by a local court, the Ooty police subjected the victim girl to medical examination and also recorded her statement. Therefore the Ooty police has got jurisdiction to investigate the crime, the judge added.

The Sessions Judge, Magalir Neethi Mandram (Mahila Court), Nilgiris, has jurisdiction to try the offence allegedly committed by the accused, the court ruled.