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HIGH COURT OF DELHI
Date of Decision: 27th February, 2024
TAPASI ..... Petitioner
Through: Mr. Himansu Anand Gupta, Advocate (DHCLSC)
Chandra
Through: Mr. Sanjay Lao, Standing Counsel (Crl.) wit Mr. Abhinav Kumar Arya and Ms. Priyam Agrawal, Advocates.
SI Ravi Beniwal, W/SI Kavita.
HON'BLE MR. JUSTICE MANOJ JAIN
JUDGMENT
1. Present petition has been filed by the petitioner seeking following prayer:-
2. Issue notice. Learned Standing Counsel accepts notice on behalf of the State and has produced the status report dated 27.02.2024. The same is taken on record.
3. As per status report dated 27.02.2024, on 22.01.2024, a case FIR No.63/2024 was registered at PS Govind Puri for offence punishable under Section 363 IPC on the statement of the petitioner regarding missing of her minor daughter.
4. During investigation of the case, the missing/kidnapped girl has been recovered from Medinipur,West Bengal on 22.02.2024 and her statement has been recorded under Section 161 Cr.P.C. in which she has made allegations against CCL “P” of sexual assault and also of molestation against her step father Bhimal (Vimal).
5. As per status report, the medical examination of the missing girl/victim has been conducted in AIIMS, New Delhi vide MLC No.1026/2024 on 23.03.2024 on which the doctor has mentioned alleged history of sexual assault by CCL “P” and thereafter as per the statement of the victim under Section 161 CPC and MLC dated 23.02.2024, sections 376/344/354/34 IPC and section 4/10 POCSO have been added in the present case.
6. As per status report, during the course of investigation, CCL “P” has been apprehended on 23.02.2024 in the above said case and has been produced before the Principal Juvenile Justice Board, Delhi Gate and as per their directions, he has been sent to „Observation Home‟.
7. Learned Standing Counsel submits that an application has been moved before the concerned MM Court for recording the statement of the victim under Section 164 Cr.P.C wherein a direction was passed by learned MM to produce the victim along with a translator of Bangla today itself. Learned Standing counsel further submits that further investigation of the case is still under progress.
8. Victim is present in Court and she states that she wishes to go with her mother, who is present in Court. However, the fact remains that her mother resides with her step father against whom the allegations of molestation have been made by the victim.
9. It is, accordingly, directed that the victim, after getting her statement recorded under Section 164 Cr.P.C, shall be produced before Child Welfare Committee (CWC), who shall then decide her custody as per law.
10. With the abovesaid directions, the petition stands disposed of.
11. Order Dasti under signatures of the Court Master.
(SURESH KUMAR KAIT) JUDGE (MANOJ JAIN)
JUDGE FEBRUARY 27, 2024