The Supreme Court has ordered a man accused of sexually assaulting his 9-year-old daughter to undergo a medical examination, highlighting his refusal as a sign of non-cooperation with the investigation.
The directive came in response to a petition from the victim’s mother challenging the Karnataka High Court’s decision to stay a police notice requiring the accused to submit to the examination. Initially, the High Court had suspended coercive actions against the accused, contingent on his cooperation. However, when the police later issued a notice for a medical examination, the accused resisted, claiming intimidation by the Investigating Officer and disputing the examination location.
The High Court’s interim order, which was based on the accused’s agreement to cooperate, was undermined by his refusal, prompting the Supreme Court to intervene. Justices PV Sanjay Kumar and Augustine George Masih emphasized that his outright refusal to undergo the medical examination clearly indicated his lack of cooperation.
“Respondent No. 2 must comply with the Section 41-A notice and undergo the medical examination as directed by the Investigating Officer,” the bench stated. “He cannot voice objections about the medical facility without a valid reason.”
The Supreme Court stayed the High Court’s order and instructed the accused to appear for the examination on July 10, 2024, at 10 A.M.
“We are compelled to stay the order dated May 23, 2024, issued by the High Court of Karnataka. Respondent No. 2 must present himself before the Investigating Officer for the medical examination on July 10, 2024, at 10:00 a.m.,” the bench decreed.
The case involves severe charges under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act), the Indian Penal Code, 1860, and The Juvenile Justice (Care & Protection of Children) Act, 2015.
Advocates A Velan and Navpreet Kaur, representing the petitioner, argued that the High Court’s decision ignored the medical evidence and the victim’s testimony, which implicated the accused.
