Badlapur Sexual Assault Case: Bombay High Court Asks To Expedite Trial

Considering the young age of the victims in the Badlapur school sexual assault case, the Bombay High Court said that the trial in the case must be fast tracked and concluded expeditiously. 

Two minor girls were sexually assaulted inside the school toilet by a male attendant on August 12 and 13, 2024. He was arrested but later killed in a police shootout when he was being taken by the police from jail for questioning. 

The Special Investigation (SIT), probing the case, has filed the chargesheet naming the attendant. The chargesheet has also named the school’s headmaster and two members of the management for “failing to report” the sexual assault, as required under the provisions of the Protection of Children from Sexual Offences (POCSO) Act.

The HC had taken suo motu (on its own) cognisance of the issue after the people in Badlapur protested on the streets and staged a rail blockade after the police and the school failed to attend against the culprit.

During the hearing on Monday, public prosecutor Hiten Venegaonkar told the court that the probe in the case was over and the chargesheet was filed; and the trial would commence. 

A bench of Justices Revati Mohite-Dere and Neela Gokhale then emphasised the need to keep the trial fast tracked. “The case will have to be fast tracked and conducted expeditiously as the victim girls are of a very young age,” the bench said. 

The court also highlighted the need to appoint a lady prosecutor, as mandated under POCSO Act, to remain present while examining the girls.  Venegaonkar said a lady prosecutor has been appointed to assist the special public prosecutor in the case. The HC has asked State to inform about the stage of the trial on the next date of hearing on January 20. 

The HC, last year, had directed setting up of a committee of experts to examine the safety of children in schools and other educational institutions. The committee was asked to submit a report of its recommendations. Venegaonkar told the bench the committee was yet to submit its report. 

If the committee submits the report, then the HC has asked the State to tender the same before the HC on January 20. 

As per the Maharashtra government’s policy, the girls’ education uptill Class eight would be free, Venegaonkar said, adding that a proposal has been moved to provide free education till Class 10.

The HC will also hear on January 20 the petition filed by the deceased accused alleging that his son was killed in a fake encounter by the police.