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After cops grill 5-year-old for molestation, Bombay High Court quizzes Maharashtra government

The Bombay high court has asked the state government to file its reply on a suo motu (on its own) petition which raised serious concerns about a five-year-old boy being questioned in a police station for allegedly molesting a classmate.

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The Bombay high court has asked the state government to file its reply on a suo motu (on its own) petition which raised serious concerns about a five-year-old boy being questioned in a police station for allegedly molesting a classmate.

A division bench of justices V M Kanade and Revati Dere asked the government to reply after suo motu cognisance was taken of a letter written to the chief justice pointing out a newspaper article of December 2014. It said the name given by the girl matched that of two persons, the 55-year-old school watchman and the five-year-old boy. However, the girl identified the child as her assailant.

The letter was written by Dr K P Ashu Mukundan, assistant professor at Centre for Criminology and Justice, and director of Resource Cell for Juvenile Justice, pointing out that a five-year-old boy had was taken to the police station for questioning by policemen.

The boy was picked up from his school at Antop Hill after the allegation that he had molested a five-year-old girl. The letter states that "as per the provisions of the POCSO Act and offences relating to juveniles in conflict with law, it is submitted that this issue is of public importance and hence suo moto cognisance be taken in this regard."

According to Mukundan's letter, "As per the Indian Penal Code section 82, nothing done by a child below seven years of age is an offence."

The letter stated that it was revealed the girl had to undergo medical treatment at Sion Hospital for injuries. "So the probability is very high that there is an adult involved. However, the implication of a five-year-old boy in this matter looks like an attempt by the police to shield an adult who may actually be the culprit."

Pointing out that it was a serious issue, the letter has prayed that "stern message" be sent to the policemen and "guidelines be set for police regarding their conduct with respect to juveniles and very young boys and girls."

The letter was forwarded by the registrar judicial to the chief justice, stating: "If the report published in the newspaper is correct then it is a serious issue touching the rights of children as apparently police have totally violated the mandatory provisions of law. Furthermore the issue is important from the social point of view and it has bearing on protection of rights of children guaranteed by the Constitution of India and various statutes."

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