A division bench of Justice V M Kanade and Justice Revati Mohite-Dere took suo motu cognizance of report in the Sunday Times of India and directed to treat it as a public interest litigation. K P Asha Mukundan, assistant professor, Centre for Criminology and Justice (Tata Institute of Social Sciences) brought the incident to the HC's notice requesting it "to raise a case of violation of child rights suo motu (voluntarily)" . In her said December 24, 2014 letter to the chief justice, she wrote: "What was more shocking than a five year old being alleged to have "sexually assaulted his classmate, was the manner in which few policemen in uniform went to the school in a police van to pick up the boy for questioning in the police station, which is totally unacceptable."
Mukundan said under Section 82 of the Indian Penal Code, nothing done by a child below seven years is an offence. Also that prima facie discussions with the boy's father and few parents of children studying in the same school indicated a case of sexual assault of a 5 year old girl who had to undergo treatment for the injuries. "So the probability is very high that there is an adult involved. However the implication of a five year old boy in this matter looks like an attempt of the police to shield an adult who may actually be the culprit," wrote Mukundan.
On January 28 the bench "directed the State to submit a report to the court in one week
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