Minor raped in a Juvenile Home at Hyderabad gets relief

New Delhi, 6 January 2004
As directed by the National Human Rights Commission, the Government of Andhra Pradesh has paid an interim compensation of Rs. 50,000/- to the parents of a minor girl, who had been raped while in a Juvenile Home in Hyderabad.
The Commission received a complaint from the Juvenile Rights Forum, Hyderabad alleging that a 10-year-old girl, an inmate of the Juvenile Observation Home , Raichur, Karnataka was transferred on 10 July 1998 to Girls' Juvenile Home, Hyderabad where at the time of her admission she was found bleeding. Doctors at Niloufer hospital in Hyderabad examined the girl on 11 September 1998 and said that she had been subjected to brutal rape and was in a state of serious shock. The complainant also alleged that the police after registering a case under section 376 IPC did not conduct proper investigation.
Based on the complaint, the Commission called for investigation reports from the Chief Secretary and Director General of Police, Andhra Pradesh.
On 10 June 1999, the DGP Andhra Pradesh submitted the investigation report which stated that the girl had left her home on 1 January 1998. Her mother registered a case of her daughter being missing at Rajampet Police Station. On 3 January 1999, the girl was found in Raichur and sent to the Child Juvenile Home for safe custody. She was then transferred to the Observation Home at Hyderabad on 10 July 1998 with two male escorts. At the time of admission she was not speaking to anyone. The Medical Officer, Raichur, from where the girl had been transferred to Hyderabad, had certified her as normal. On 2 September 1998, the Matron of the Observation Home at Hyderabad reported that the child was bleeding profusely. She was medically examined on 3 September 1998 and declared to have "matured". On account of further bleeding on 10 September 1998, she was taken to Niloufer hospital,Hyderabad where the doctors, after examining her, said it was a case of sexual rape. A case was registered on 11 September 1998 under section 376(2)(f) IPC at Kachiguda Police Station, Hyderabad. The girl was handed over to her mother on 10 October 1998 after being discharged from the hospital.
Subsequently, the Commission also received a report from the Government of Andhra Pradesh, Women Development Child Welfare and Disabled Welfare Department dated 8.9.1999, the findings generally supported that of the DGP's report.
The Commission then directed the State Police to step up efforts for completion of investigation in the case and to pay "interim compensation" of Rs.50,000/- to the parents of the girl who had been subjected to rape while in the Juvenile Home at Hyderabad.
Complying with the directions of the Commission, the Government of Andhra Pradesh informed the Commission that inter-alia following action had been taken by the State:

· Disciplinary action had been taken against the doctors who did not give the correct report of medical examination of the child, by imposing punishment of stoppage of two annual increments without cumulative effect.
· Filing of charge-sheet in the IX M.M. Court, Nampally, Hyderabad against five accused persons responsible for subjecting the girl to sexual assault. The case is sub-judice.
· Payment of compensation as directed by the Commission.

The Home Department, Government of Andhra Pradesh also submitted a report, along with the case diary of the case, stating that the amount of Rs.50,000/- had been paid to Smt. Nagamani, mother of the victim on 29 May 2001 and that the criminal case for the offence under Section 109 IPC was pending trial in Court.
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