The Delhi High Court in the case S. v. State of GNCT Delhi and Ors observed and has recently disposed of the plea moved of habeas corpus, wherein the missing girl, a minor, was recovered but her parents/petitioner refused to take custody in view of her pregnancy.
In the present case, the petition was moved by the mother of the girl, seeking directions for her production before the court.
It was alleged before the court that the boy had lured the daughter away, established physical relations with her and made public certain illicit videos that he had made of her.
The petitioner in the case also averred that an FIR under section 463 of the Indian Penal Code, IPC had been registered at her behest.
However, the police kept telling her that her daughter was enjoying family life with her husband.
The Standing Counsel appearing for the State appraised the said court that the accused had been sent to judicial custody and the missing girl had been recovered.
Further, he also informed the court that the said girl was pregnant by 6 weeks.
The bench comprising of Justice Suresh Kumar Kait and Justice Shalinder Kaur in the case observed and has interacted with the recovered girl, who was present in court. The court observed that during the investigation, the girl admitted that she was 6 weeks’ pregnant and expressed a willingness to go with her parents.
Therefore, the court observed that at this stage, her parents refused to take her with them and they explained their refusal by stating that it was not the first time that their daughter had been allured or was carrying pregnancy. Thus, on the said occasion, they said, they did not wish to take her with them.
The court while considering the facts and circumstances of the case observed and has directed for the recovered girl to be taken to a women’s shelter.
The counsel, Mr. Akshay Raj & Mr. Hunny Sharma, Advocates appeared for petitioner
The counsel, Mr. Sanjay Lao, Standing Counsel (Crl.) with Mr. Abhinav Arya & Mr. Priyam Aggarwal, Advocates represented the respondent(s).