Patna High Court slams Bihar Police for lax probe in sexual abuse case of minor foreign national [Read Order]

Patna: The Patna High Court has issued significant directives regarding the investigation of a sexual abuse case involving a 13-year-old foreign national, criticizing the Bihar Police’s handling of the matter and emphasizing the importance of protecting minor victims.

Justice Bibek Chaudhuri made crucial observations about the police investigation and the handling of electronic evidence in POCSO cases.

Patna High Court Slams Bihar Police for Delayed Action in POCSO Case

The court addressed a criminal writ petition filed by Angela Lee Hicks, the mother of the minor victim. It noted that despite initial attempts to file a complaint in 2018, the police only registered the case in September 2019—and that too without including provisions of the POCSO Act.

Addressing specific concerns about the investigation, the court observed, “The lethargic or lackadaisical approach from the very beginning to register the FIR, conduct the investigation, and finally submit the charge sheet, prima facie suggests that the role of the police authority in the instant matter has tarnished the image of our country.”

Court Directs Scientific Examination of Electronic Evidence in Sexual Abuse Case

The court highlighted the police’s failure to properly investigate electronic evidence, stating, “The investigating officer did not care to take such a step during the investigation,” despite being directed to recover the accused’s mobile phone and examine message details.

In a specific directive, the court instructed, “The learned Special Judge, POCSO Act, Darbhanga, is directed to allow the applicant to produce the computer devices before the court after fixing a specific date and informing the petitioner well in advance.”

The court emphasized that for the adjudication of charges involving the sexual abuse of a minor girl, “The court must be proactive and inquisitive in nature to find out the real culprit. The process is more of a quest for truth than a mechanical abduction.”

The trial court has been directed to arrange for an expert to obtain copies of the electronic messages and have them scientifically examined within one month, following proper procedures under Section 65B of the Indian Evidence Act.

Ms. Riya Giri, Mr. Shashank Shekhar Dubey, and Mr. Sumit Kr. Jha appeared for the petitioner. Mr. Kaushalesh Choudhary appeared for Respondent No. 3, and Mr. Vipin Kumar, APP, appeared for the State.

Case Title: Angela Lee Hicks vs. The State of Bihar & Ors.

[Read Order]