‘Battered’ child’s parents face charges

Four years after Delhi High Court ordered an investigation into the role of an exarmy major and his second wife in allegedly beating his four-yearold child from his earlier marriage — which is said to have led to several physical and mental deformities in the kid — the police have filed a chargesheet against the duo for ‘‘attempt to murder’’. They have, however, failed to arrest the two.

Getting justice for Shaurya (10) has been a long battle for his maternal grandparents. In 2005, Shaurya’s grandparents had moved HC seeking custody of the child, alleging that his father, Lalit Balhara, and his wife, Preeti, were beating the child after his mother expired. The child was produced before the court on February 20, 2005. The court was taken aback to see the physical and mental condition of Shaurya.

The HC then asked doctors to file a medical report. The report disclosed that a psychiatric consultation for Major Lalit Balhara and Preeti Balhara was done at the Base Hospital, Delhi Cantontment. It stated that the ‘‘parents were not able to give a convincing explanation about the incident in which the child sustained injuries’’ and concluded that the child was suffering from ‘‘battered baby syndrome’’. After going through the reports, a division bench on February 28, 2005, handed over custody of the child to the maternal grandfather and said, ‘‘investigation is required to be carried out to ascertain the manner in which injuries have been caused to Shaurya and the treatment meted out at him’’ by his parents.

After a gap of four years, the police on October 31 this year filed a chargesheet against Balhara and his wife before a trial court under Section 307 (attempt to murder), 34 (common intention) of the IPC and Section 23 of Juvenile Justice (Care and Protection of Child) Act 2000. Filing the chargesheet, the investigating officer submitted before metropolitan magistrate Sumit Dass that the accused could not be arrested during the course of the investigation and he had to file the final report without arresting them. According to the chargesheet, the accused have changed their addresses often and were untraceable.

The court then sought Shaurya’s maternal uncle, Lt Col Devender Kumar’s help in tracing the victims. At the last hearing, Kumar submitted that he had managed to trace the present address of the accused and also expressed his apprehension that the couple would run away if not summoned immediately.

After hearing his plea, MM Dass issued summons against Balhara and his wife for November 4, saying that ‘‘Considering the facts, IO is directed to take action in accordance with law....SHO Delhi Cantt is directed to comply with the order and take steps as per law in the case.’’ Shaurya, who now lives with his maternal grandparents in Jaipur, is yet to record his statement before the Metropolitan Magistrate. Speaking to Timescity, Devender Kumar said, ‘‘The child’s statement has been recorded with the police. The police has managed to find the couple on the address given provided by me and they are required to appear before the court on Wednesday.’’
Doctor who was the real healer
It has been seven years but Shaurya’s case still stands out in the memory of Colonel (retd) R G Holla. Now retired from the Army, he has vivid memories of how when Shaurya was brought to him for the second time with an intracranial injury — the first just some time earlier when he had been brought to the Army Research and Referral Hospital for poisoning — he went out of his way to get a full body X-ray done. ‘‘The X-rays showed perfectly normal bones and I extensively counselled the parents thinking that it was some help at home who was battering him. They heard me out and did not come back for about a year. When they did, Shaurya had some 16 fractures all over his body. Bones that were perfect a year back had suffered injuries of all kinds. And his parents could not give any credible explanation,’’ Col (retd) Holla recollected while talking to Times City.

His whistleblower’s act notwithstanding — he had at one point refused to let the child go from the Army hospital with his parents — his diagnosis had to stand the test of an AIIMS medical board but was upheld. Holla was instrumental in the ‘‘rehabilitation’’ of Shaurya, going to the extent of setting pre-conditions like he should not be allowed to go back to live with his parents which he says resulted in his staying with his stepmother’s family for some time. ‘‘His health improved there. But after a while he was back with his parents. ‘‘All this while I had been trying desperately to get in touch with his grandparents in Jaipur but it happened after a long time,’’ he added. '

Even as the case drags on, Holla has the satisfaction of seeing Shaurya as a happy healthy child. ‘‘I talk to him often, wish him on his birthdays and recently his maternal uncle had mailed me some of his pictures where he looked perfect,’’ he said.

Source:- The Times of India 4 November 2009 P. 4 Delhi

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