Bihar court recommends special training of Madhubani SP, SDPO, SHO over poor knowledge of laws for minor girls

PATNA: A Jhanjharpur court has recommended special training of three police officers including Madhubani SP observing that they don’t have basic and elementary knowledge of laws related to offences committed against minor girls.
The direction came after court found that police filed chargesheet against an accused only under Section 363 (punishment for kidnapping) and Section 366A (procuration of minor girl) of Indian Penal Code (IPC) while case is of kidnapping, marrying and having physical relation with a minor girl aged 15 years who was impregnated.
The two other officers for whom special training have been recommended are Jhanjharpur sub-divisional police officer and Bhairavsthan police station SHO.
The court of ADJ Avinash Kumar-I at Jhanjharpur subdivision observed that since the SP is an IPS officer, he be sent to National police academy for the special training of laws like The Prohibition of Child Marriage Act and The Protection of Children from Sexual Offences Act.
The court also directed to send the order to Union home minister and state DGP to look into the matter, conduct an inquiry and act accordingly. The order was uploaded on public domain on Wednesday night.
Court even didn’t spare Jhanjharpur ACJM-III and issued show-cause that on what basis it observed and concluded that the victim was an adult in its January 13 order when no legal, valid documentary evidence or medical report was present to establish it.
Court expressed shock and astonishment on the kind and level of police investigation in which final supervision was conducted by SP only after which chargesheet was filed against the accused.
Court observed that even when SDPO in supervision note mentioned about marriage of accused with minor victim but still he didn’t apply POCSO Act, The Prohibition of Child Marriage Act and Section 376 (Rape) of Indian Penal Code in the case.
Court observed that SP approved SDPO’s supervision report without giving instruction to invoke the three laws against the accused.
Court observed that police is not applying the relevant provision of both laws and Section 376 IPC in cases where victim is minor.
“The non-application of the said Acts by these official i.e. SHO, SDPO and SP is a grave miscarriage of justice,” it observed while compelled and bound to make the recommendations.
It was on Monday when court was hearing a regulation bail petition of Balbir Sadai accused of kidnapping a minor girl for marriage after barging inside her residence on January 6 this year.
Court observed that as per case diary, girl was medically examined on January 13 and her age was established as 15 years in report and doctors also found injury in her private part.
For seeking bail, petitioner pleaded that matter has been compromised with the victim and he has also married her who is now pregnant too.
Denying bail, court observed that as per Supreme Court ruling, sexual intercourse with a girl below 18 years is rape regardless of fact whether she is wife of the person.
It also observed that such a case is non-compoundable and consent of a minor girl is no-consent as per law.
Based on the allegations in FIR, facts in mentioned in the case diary and submissions, court explained provision in law observing that police miserably failed to apply child marriage laws having maximum two years rigorous imprisonment and Rs 1 lakh fine or both for a male adult marrying a child and also for those who performs, conducts, directs or abets any child marriage.
Court also observed that there is minimum seven years and maximum life imprisonment along with fine for those committing penetrative sexual assault and minimum ten years to maximum life imprisonment for aggravated penetrative sexual assault with a minor under POCSO Act, was also not invoked in the case.