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SC pulls up Bihar govt over Muzaffarpur shelter home rape case 

New Delhi, November 27

The Supreme Court on Tuesday pulled up the Bihar government for its failure to file a correct FIR in the Muzaffarpur shelter home rape case and gave it 24 hours to it add charges under Section 377 (sodomy) of the IPC and POCSO Act in the FIR.

Petitioner informed the court that the Bihar government has been “soft” on the accused, adding that the staff members of the shelter home were “involved in sexual abuse and physical violence”. It was offence under Section 377 of the IPC and POCSO Act and they registered a case under minor charges, said the petitioner.

A Bench headed by Justice Madan B Lokur said: “If we find that there were offences under Section 377 of the IPC and POCSO Act and you did not register the FIR we will pass order against the state government.”

Tata Institute of Social Sciences (TISS), Mumbai, had found instances of aggravated offences in 17 shelter homes in Bihar.

But criminal cases were registered only in connection with 10 under lesser offences. 

The Bench hinted at transferring all the cases to the CBI.

“Why offence under Section 377 the IPC not registered?” asked the SC even as the Bihar government submitted that matter was under investigation.

“We were told that the matter will be looked with great seriousness, is this seriousness,” said the Bench.

“We were told that matter will be looked into with great seriousness, this is seriousness?” asked the Bench, which also included Justice Deepak Gupta.

“Every time, I read this file (of Muzaffarpur Shelter Home abuse case)…it’s tragic,” comments Justice Gupta.

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