Add POCSO charges to Jaynagar child murder and rape case, Calcutta HC tells police

Calcutta High Court orders inclusion of POCSO Act charges in rape-murder case, sparking protests and political demonstrations.

The Calcutta High Court on Sunday (October 6, 2024) expressed concerns that charges under the Protection of Children from Sexual Offences (POCSO) Act have not been included in the investigation of the alleged rape and murder of a nine-year-old girl at Jaynagar.

Justice Tirthankar Ghosh directed the police to immediately add the relevant POCSO Sections to the case and transfer the records to the special POCSO court in Baruipur. The High Court also directed that the accused be produced before the special court for further directions to be obtained in course of investigation.

“This Court, prima facie, is of the opinion, that at the initial stage of investigation prior to the post mortem examination having been conducted, the inquest report suggest acts of sexual offences being committed upon the person of the deceased, so appropriate provisions of law under relevant statutes should have been incorporated by the investigating agency,” the order said.

The body of a nine-year-old girl was found in the Mahismari area of Jaynagar in the early hours of Saturday. The child’s family members alleged that they were made to run from a police outpost at Mahismari to Jaynagar police station, claiming that if the police had taken action in time, the child could have been saved.

The court directed that the post-mortem examination be conducted at AIIMS, Kalyani, provided that the infrastructure is available. The victim’s father has requested that necessary arrangements be made for post-mortem examination at a hospital supervised and controlled by the Union government. The police plea to conduct the post-mortem at the Mominpur Police Morgue Hospital was turned down by the Magistrate on October 5.

West Bengal Chief Minister Mamata Banerjee broke her silence over the incident on Sunday, and noted that in three recent cases under POCSO, the State government has been able to obtain death sentences for the accused.

“I want the police to register the Kultuli case under the POCSO Act and ensure that the culprits get capital punishment within three months. Crime is crime; there is no religion or caste. Strong action should be taken against the criminals,” the Chief Minister said.