Wife alleges sexual assault on 4-yo daughter by husband; K’taka HC finds gaps in chargesheet, orders probe by new officer

PTI, Jul 13, 2023, 2:22 PM IST

The High Court of Karnataka has ordered further investigation in a case where the husband has been accused by the wife of sexually abusing their four-year-old daughter.

The High Court found as many as nine lacunas in the charge sheet filed by the investigating officer.

It directed the Commissioner of Police to appoint a new Investigating Officer (IO) in the case who shall complete the further investigation within 10 weeks.

The wife had filed a complaint against her husband in August 2022 making “certain grave allegations.” She had alleged that her husband was sexually perverted and watched pornography involving children. He allegedly took naked photos of himself with their four-year-old daughter and touched her inappropriately.

He demanded sex with the wife in the presence of the child. The husband allegedly loaded child pornography in the child’s iPad and compelled her to watch them.

After her complaint, the husband was booked under various sections of the Protection of Children from Sexual Offences Act (POCSO).

A charge sheet was filed before the Sessions Court in October 2022 by the police after completing investigation. The wife however filed an application seeking further investigation as she found that several issues were not investigated. Her application was rejected, forcing her to approach the High Court.

In his recent judgment, Justice M Nagaprasanna allowed the petition and directed the police to conduct further investigation. The HC noticed nine lacunas in the charge sheet filed by the police.

The HC said, “On a perusal of the charge sheet and the documents appended to the charge sheet, all the aforesaid lacunae, prima facie are correct. All the nine rungs which are in the considered view of the Court’s vital piece of evidence have been deliberately let off by the Investigating Officer. If this would not form the ingredients of a shoddy investigation, I fail to understand as to what would.” Among the loopholes in the charge sheet, the HC found that while the statement of the child mentioned the name of the accused, it was not mentioned in the charge sheet.

Secondly, “the Investigating Officer has deliberately ignored incriminating material against the accused as a truncated statement forms part of the charge sheet,” the HC noted.

The child’s statement before the doctor was also not included in the charge sheet and the IO failed to record or conduct enquiry with the petitioner (wife) to substantiate the allegations.

The IO also failed to seize the laptop or mobile phones allegedly containing pornography nor inquired about them. The iPad was sent for FLS report which is still pending “but the charge sheet is filed. This is the sixth rung,” the HC said.

The location of the use of laptop and mobile phones was also not mentioned in the charge sheet.

The IO also failed to record statements of other witnesses like maternal grandparents and other relatives about the perverted attitude of the accused-husband.

Even the report of the psychologist who had given a detailed report of the torment undergone by the child was not made part of the charge sheet.

The HC directed the trial court to wait for the further investigation.

“Till the filing of the report of further investigation, the concerned court shall not proceed further with the present charge sheet that is filed before it. On further investigation reports being filed before this court, the concerned court is at liberty to regulate its procedure and proceed further in accordance with law,” the Court said.