Rajkot Court Denies Police Remand in Minor Sexual Assault Case, Orders Judicial Custody for Accused Driver
A court in Gujarat's Rajkot district has made a significant decision in a sensitive case involving the alleged sexual assault of a minor girl. On Friday, the court declined the police request for remand of a 50-year-old school bus driver accused of the crime and instead sent him directly to judicial custody.
Court's Decision and Police Response
The Rajkot Rural police had sought custody of the accused driver to further investigate the allegations of sexual assault and rape against the minor. However, the court refused to grant this remand, opting to place the accused in judicial custody. This means the driver will remain in jail while the legal proceedings continue, rather than being in police custody for interrogation.
Additional Superintendent of Police (ASP) Dr Naveen Chakravarthy confirmed the arrest and court proceedings in a video statement. He noted that the police had arrested the accused on Thursday, January 22, following the registration of the First Information Report (FIR). The case was filed under the stringent Protection of Children from Sexual Offences (POCSO) Act at the jurisdictional police station on Wednesday, January 21, based on a complaint by the girl's mother.
Details of the Alleged Incidents
The case came to light last month when the child revealed to her parents that she had been sexually assaulted by the school bus driver on two separate occasions. The alleged incidents occurred on January 13 and then again on January 20. The matter surfaced on January 21 when the child refused to attend school, prompting her mother to inquire about the reason. It was then that the child recounted the sequence of events to her mother.
According to a police officer involved in the investigation, the accused lives in close proximity to the girl's residence. The officer stated that the driver allegedly lured the minor with snacks, exploiting his position and proximity to commit the acts. This detail adds a layer of premeditation and grooming to the case, which is often seen in such offenses under the POCSO Act.
Ongoing Investigation and Medical Reports
Police officials have indicated that the investigation is still ongoing, with key evidence yet to be fully processed. Medical reports of the minor girl are currently awaited, which could provide crucial forensic evidence to support the allegations. These reports are essential in cases of sexual assault to corroborate the victim's testimony and establish the facts of the crime.
The court's decision to deny police remand and send the accused to judicial custody reflects a careful consideration of legal procedures. Judicial custody ensures the accused is detained while preventing potential coercion or mishandling during police interrogation. This move aligns with standard judicial practices in sensitive cases, especially those involving minors, to balance investigative needs with the rights of the accused.
Legal and Social Implications
This case highlights several critical aspects of child protection and legal processes in India:
- POCSO Act Enforcement: The registration of the FIR under the POCSO Act underscores the legal framework designed to protect children from sexual offenses, with strict penalties for perpetrators.
- Community Safety: The accused's role as a school bus driver and his residence near the victim's home raise concerns about safety in educational settings and neighborhoods.
- Judicial Oversight: The court's refusal of police remand demonstrates judicial oversight in ensuring that investigations proceed without undue pressure or violations of due process.
As the case progresses, further developments are expected once the medical reports are received and additional evidence is gathered. The judicial custody of the accused ensures he remains in detention, pending trial, while the legal system works to deliver justice in this distressing matter.
