- (1.) On 2 July 2015, a news report appeared in the print media particularly in newspapers circulating in the district of Varanasi stating that a three year old daughter of a rickshaw puller had been brutally raped by unknown persons and had sustained grievous injuries. The incident is alleged to have taken place on 5 June 2015 when the child victim was asleep outside her house. The child was abducted in the night and was recovered from the banks of the Varuna river. The allegation in the petition is that the SHO of the police station at Jaitpura in district Varanasi was informed by the father and grand mother of the victim but neither was a first information report registered nor were any facilities provided for the immediate medical treatment of the child. The child was initially brought to the Bunkar Hospital, Jaitpura but due to the seriousness of her condition, she was not admitted. Thereafter the child was brought to the Shiv Prasad Gupt Divisional District Hospital, Kabir Chaura, Varanasi but the medical officer on duty declined to admit her. The child was then taken to the BHU Hospital where the Doctor at the emergency ward allegedly denied to admit her. The child was thereafter administered primary medical care at a private clinic by the name of Uma Pharmacy and the attendants were advised to take her to the Divisional District Hospital. The child was admitted to the District Hospital on 6 June 2015 where she remained until 9 June 2015. The allegation is that the attending Doctors were demanding medical expenses but since the attendants were not in a position to pay, proper medical care was not administered and the child was eventually discharged on 9 June 2015. On 11 June 2015, a first information report was registered in Case Crime No. 79 of 2015. The FIR which had been lodged by the grand mother of the victim stated that the child had been abducted at 3:00 a.m. on 5 June 2015 and the child was found at the banks of a river with grievous injuries including on her genitals. Surprisingly, an FIR was registered only under Sections 323 and 354 (A) of the Penal Code.
(2.) The record indicates that the child was medically examined at the District Hospital on 11 June 2015. The report of the medical examination which had been placed for the perusal of the Court by the learned Standing Counsel indicated a case of sexual assault. The injuries found on medical examination on the genitals of the child have been adverted to in the report. The medical report also indicates stitches present on the left side of the forehead above the left eye and lacerations present over the left side of the upper lip. The child remained at home without treatment after she was discharged from the District Hospital on 16 June 2015 until 22 June 2015. On 22 June 2015, the child was brought for admission to the Sir Sunder Lal Hospital BHU, Varanasi where she was admitted. The medical report at the OPD section indicates that the child was referred for paediatric surgery. The injuries which were found in the genital area had been adverted to during the course of the medical examination which took place on 22 June 2015 at 9 pm. The in patient investigation record indicated that the case was one of sexual assault.
(3.) The writ petition was filed in these circumstances, seeking various directions both in regard to lapses of a systemic nature and for directions that would ensure proper medical care for the child who was a victim of sexual violence as well as for the investigation of the offence. On 21 July 2015, this Court issued directions for the provision of proper medical care to the child at the Sir Sunder Lal Hospital, Banaras Hindu University, Varanasi at the expense of the State. We directed that all required expenses shall be borne by the State and the child shall not be denied any treatment that is prescribed by the hospital on account of the inability of her attendants to bear the expenses.;