Family of Badlapur Assault Survivor Demands Action Against Investigating Officer for Alleged Lapses

The family of a minor survivor in the Badlapur school sexual assault case urges the Bombay High Court to take criminal action against the investigating officer for alleged lapses, including delays in filing the FIR and disclosing the minor's identity.

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In a recent development, the family of a minor survivor from the Badlapur school sexual assault case has petitioned the Bombay High Court to initiate criminal proceedings against the investigating officer (IO) for purported investigative lapses. These alleged shortcomings include delays in filing the First Information Report (FIR) and the inadvertent disclosure of the minor’s identity.

A bench comprising Justices Revati Mohite-Dere and Dr. Neela Gokhale has directed the Maharashtra government to respond to the family’s plea, detailing any actions taken against the IO. The court also underscored the importance of expediting the trial, given the tender age of the two survivors.

Advocate Ajinkya Gaikwad, representing the survivor’s family, highlighted that the IO unnecessarily conducted a preliminary inquiry, leading to a delay in registering the FIR. He further alleged that the IO failed to promptly record the survivor’s statement and was responsible for the unauthorized disclosure of the minor’s identity.

Previously, the High Court had instructed the Maharashtra government to establish an 18-member committee, led by retired Justices Shalini Phansalkar-Joshi and Sadhana Jadhav, to recommend safety protocols for students and ensure the effective implementation of existing laws, including the Protection of Children from Sexual Offences (POCSO) Act. The court is currently awaiting the committee’s report.

The case revolves around the alleged sexual assault of two four-year-old girls at a prominent co-educational school in Badlapur in August of the previous year. The accused, Akshay Shinde, a contractual cleaning staff member, was arrested on August 17 but was later killed in a police encounter on September 23.

Following the incident, the police also charged the school’s principal and two trustees after parents accused the administration of dismissing their concerns and failing to monitor staff adequately. The school’s management faced criticism for not appointing female staff to clean the girls’ toilets and for their initial response to the allegations.

The perceived delay in registering the complaint and the subsequent handling of the case led to widespread protests in Badlapur and across Maharashtra. In response, the Maharashtra government announced the formation of a Special Investigation Team (SIT) to take over the investigation and assured that the case would be fast-tracked. The state also committed to covering the educational expenses of the two survivors up to the eighth standard.

In a recent update, the Maharashtra government informed the Bombay High Court that the investigation into the Badlapur sexual assault case has been completed. A senior police officer has been suspended for dereliction of duty, and two charge sheets have been filed against the deceased accused and the school’s trustees. Additionally, two police constables received strict warnings for not taking the case seriously.

The High Court continues to monitor the case closely, emphasizing the need for accountability and swift justice for the young survivors.

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