Supreme Court directs the accused of raping 9-year-old daughter to appear for medical examination

New Delhi: The Supreme Court has directed the man accused of sexually assaulting his/her 9-year-old daughter to appear for medical examination. The court has said that if he/she refuses to do so, it will be considered as not cooperating in the investigation. Earlier, the Karnataka Police had directed the accused to appear for medical examination, but the Karnataka High Court had stayed the police order. After this, the victim girl has challenged the High Court’s decision in the Supreme Court. This case is of sexual offense. A case of rape along with POCSO has been registered against the accused. he/she is accused of committing sexual crime with his/her 9-year-old daughter. In this case, the lawyer appearing in the Supreme Court on behalf of the victim girl’s mother said that the girl has also given a statement under Section 164 before the magistrate in this case and she has accused the accused of sexual offense. The medical report also confirms this, but the High Court ignored these facts and has stayed the police order to appear for medical examination. The petitioner said that this matter is very serious.

In this case, initially the High Court had passed an order to stop punitive action against the accused and said that the accused will cooperate in the investigation during this period. After this, the police had asked the accused to appear for medical examination in the case. The accused opposed this and filed a petition in the High Court and said that the investigating officer is threatening him/her that if he/she does not come for medical examination, he/she will arrest him/her. After this, the Karnataka High Court had stayed the police notice in the case.

Will have to be presented on 10th July

The bench of Justice PV Sanjay Kumar and Justice A. George of the Supreme Court said that the High Court had said in its interim order that no punitive action would be taken against the accused provided he/she continues to cooperate in the investigation. The Supreme Court said that the refusal of the accused to undergo medical examination is equivalent to not cooperating in the investigation and shows that he/she is not cooperating in the investigation. The Supreme Court said that the accused has to comply with the notice of Section 41A of the CrPC and he/she has to appear for medical examination. The Supreme Court has stayed the order of the High Court and has asked the accused to appear before the investigating officer on July 10 at 10 am for medical examination.