The court established the necessity for a rigorous and sensitive investigation process in cases of child sexual abuse to protect the victim's rights and ensure justice.

J U D G M E N T

The mother of the victim, involved in Crime No.67/2018 of Kollam West Police Station for offences punishable under Sections 7 , 8, 9 and 10 of the Protection of Children from Sexual Offences Act , Section 75 of the Juvenile Justice (Care and Protection of Children) Act , 2015 and Sections 323 and 354A of the Indian Penal Code , has approached this Court with a prayer to entrust the investigation into the crime, with a senior Police officer.

2. The petitioner had married one Thulaseedharan Pillai in the year 1999. Two children were born. The elder one, who is now 17 years old, is the victim involved in the present case. It seems that Thulaseedharan Pillai and family were residing in UAE wherein he had business interest. It is stated that the matrimonial relationship was not happy. There is an allegation that she was treated cruelly by the petitioner. The victim involved is studying in a school at Ooty. According to the petitioner, when the child was brought to the house during holidays, she found the child to be gloomy. On enquiry she is stated to have disclosed that the father had touched the body of the victim on a day in July 2017, on 14.12.2017 and on few occasions at Dubai and at Kollam. Father allegedly showed her blue films. It was stated by her that she had disclosed it to the school authorities including the Vice Principal and the girl was advised to give a complaint to the Police. Accordingly, FIS was laid on 17.01.2018 by the victim in the presence of the mother and investigation commenced. 3. The grievance of the petitioner is that the Investigating Officer did not properly investigate into the allegations. She received cold response from the Police Officers and the school authorities and the persons concerned were not properly questioned.

4. It is seen from the case diary that several witnesses were questioned by the Investigating Officer and their detailed statements recorded. Section 164 Cr.P.C. statement of the victim has also been recorded. It is true that the Vice Principal of the school has not been questioned, though the Investigating Officer had gone to the school and collected the details of her studies. However, it appears that though the petitioner has alleged in the petition that the victim had disclosed to the school authorities including the Vice Principal about the alleged harassment, no such allegation is seen in the initial version of the girl or mother. Petitioner has a case that girl was given counseling from the General Hospital Ernakulam by a Psychologist. He was also not questioned. It is seen that the mother filed WP(Crl) No.133/2018 before this Court seeking guardianship of child and the victim was produced before the Division Bench. The victim is stated to have revealed the sordid tales about the conduct of the father.

Accordingly, that W.P.(Crl.) was disposed of.

5. The available materials indicate that the relationship of the petitioner with the accused is strained and matrimonial disputes seem to be existing. However, if the allegation against the father is true, definitely it is a serious issue. It is also seen that the allegations made, seems to be at variance at different places. However, when sexual abuse of child is alleged against the father, especially in the background of strained matrimonial relationship, it has to be investigated carefully and every attempt has to be made to find out the genuine and real truth involved. An effective investigation, fair to both sides with the aim of finding out truth is essential. I feel that for the purpose of ascertaining the truth involved and to ensure the confidence of the victim, the petitioner herein and the accused in the investigating machinery, the matter should be entrusted with a superior officer in the Police since sensitive issues are involved.

6. It is seen that final report was submitted notwithstanding the direction of this Court not to file final report. The learned Public Prosecutor on instructions submitted that