Breaking: Supreme Court Slams Haryana Police For Insensitivity In Gurugram's Sexual Assault Case Of 4-Year-Old; Summons Commissioner Of Police & IO

The Supreme Court, today, has directed the Commissioner of Police, Gurugram, and the Investigating Officer to appear personally with the entire case record regarding the alleged sexual assault of a 3.5-year-old girl in Gurugram.

On March 20, 2026, Senior Advocate Mukul Rohati mentioned an Article 32 petition before the bench seeking to list the matter as soon as possible. The plea was filed concerning an alleged heinous sexual assault of a 3.5 year old girl by her own maids and a male accomplice (husband of one of the maids) wherein an FIR stood registered at Police Station Sector 53, Gurugram, Haryana under Section 6 and 17 of the Protection of Children from Sexual Offences Act, 2012 and Section 65(2) of the Bhartiya Nyaya Sanhita.

The Bench of Chief Justice Surya Kant, Justice Joymalya Bagchi and Justice Vipul M Pancholi ordered, "Issue Notice. State accepts notice on behalf of the State...In addition Learned Senior Cousnel Mr Rohatgi, representing the victim, has handed over an affidavit by the parents of the child. We direct the Commissioner of Police, Gurugram along with the Investigating Officer to remain present in court the day after tomorrow with the entire record. AAG to furnish details of woman officers in the Haryana police cadre. Statements of parents show a disturbing sequence of events. We direct the registry to keep the affidavit of parents in the sealed over. The father's affidavit shall be sent through a special messenger to the District and Sessions Judge, Haryana. Let the comments of the Magistrate be furnished to this Court through a sealed envelope. Let us hear this case day after tomorrow...Police is at liberty to submit a status report."

Senior Advocate Mukul Rohatgi, along with AOR Pranay Shridhar Chitale and Advocate Parth Sarathi, appeared for the Petitioners.

Rohatgi submitted, "The more that I examine the matter, the more the Lordship will find complete dereliction of duties."

He submitted that during proceedings before the Magistrate, the child was made to wait in a small room for approximately 15–20 minutes prior to recording her statement, which caused visible anxiety. The Magistrate repeatedly emphasized (approximately five times) that the child must “speak the truth” (“sach bolna hai aapko”), despite being informed that the child, being only 3 years old, does not understand the concept of oath or court proceedings.

Justice Bagchi said, "Was the mother present, when this was happening?"

Rohatgi said, "Yes, she was."

Chief Justice Kant to the Counsel for the State of Haryana said, "Even reading out is shameful. What kind of work is your police doing?...Nothing great you have done in the past also...this is not happening. What is this kind of insensitivity? You are dealing with a four year old child. Who is investigating this?"

State said, "A woman officer was probing. When she was suspended, the SHO took over. Please see the status report."

Rohatgi also read the affidavits filed by the parents.

Rohatgi submitted that counselling of the victim child was conducted by the Child Welfare Committee (CWC). The victim child was again questioned alone by a panel of four female members, without the presence of either parent.

"Everyday this is happening. First day medical, second day CWC...later police station... the accused cannot be put to the child. They are going on as if there's a grown-up person! Imagine in the Magistrate's room, the distance is only 4 ft. The child shuffled from hospital to hospital. SI asked to bring the child to the CWC office. We requested a home visit. SI reacted with irritation that we were being difficult...Guidelines must be set atleast pretrial as pre trial trauma is fresh and it is increasing", he added.

On Saturday, Gurgaon police arrested three individuals—including two domestic workers—for the sexual assault of a three-year-old child at a high-rise residential complex. The arrests follow a significant escalation by the victim's parents, who filed the present matter in the Court seeking to transfer the investigation from local police to the CBI.

It was the case of the Petitioner that in early February 2026, a three-year-old girl made a series of "spontaneous disclosures" to her parents. Using the limited vocabulary of a toddler, she described being taken by two known domestic helpers to a "stranger" with "monster eyes." She recounted being given a "fried lollipop" that she found unpleasant and described the male perpetrator hurting her while the domestic workers watched or assisted. It was submitted that despite the gravity of the crime and the child identifying the suspects on four separate occasions—including once at the police station and once before a Magistrate—local authorities failed to make any arrests for over 40 days.

It was also submitted that the initial Investigating Officer reportedly attempted to discourage the parents from filing an FIR, suggesting the child would eventually forget the incident while warning that a legal probe would make the family's life "hell." This same officer was later arrested on unrelated corruption charges for allegedly seeking a bribe to close a different sexual harassment case. Furthermore, the petition alleged that crucial evidence, such as forensic samples from the identified crime scene and CCTV footage from the apartment complex, was never properly secured or analyzed.

The plea stated that, contrary to the child-friendly mandates of the POCSO Act, the toddler was subjected to repeated, grueling questioning sessions and long waits at the police station. It was also alleged that during her statement to a Magistrate, she was reportedly asked highly inappropriate and leading questions regarding the physical details of the assault, which left her visibly anxious and distressed. The parents contended that the local police have shown a total lack of urgency, failing to even trace the unidentified male perpetrator or conduct custodial interrogations of the named suspects.

It was prayed, " a. Pass an appropriate writ, order or direction to transfer the investigation in respect of FIR No. 0030 of 2026 registered with Police Station Sector-53, Gurugram to an independent and specialised investigating agency, so as to ensure a fair, impartial, and effective investigation into the grave offences committed against the minor child...Pass an appropriate writ, order or direction directing strict action be taken against the concerned police officers for the lackasidal approach shown in the investigation despite the seriousness of the allegations in the FIR."

Accordingly, the matter will be heard on March 25, 2026.

Cause Title: XXXX v. State of Haryana [Diary No. 16792/2026]