The Supreme Court on Tuesday transferred the investigation from the Uttar Pradesh Police to the Delhi Police on an immediate basis in the case where a minor girl had gone missing from UP since July 8.
A Bench headed by Justice AM Khanwilkar also directed that all steps must be taken by the Delhi Police to ensure that the minor girl is protected from being exposed to any untoward circumstances. The girl was traced to Kolkata and the man who allegedly abducted her was arrested.
In the order, the Bench said: "After hearing the counsels of the parties and without recording any finding on the nature of investigation done by the Gorakhpur police of State of Uttar Pradesh, in the interest of justice let the investigation of FIR dated July 8, 2021, be transferred to the Malviya Nagar Police Station, Delhi. The investigation of the case shall be carried forward by the Malviya Nagar police with immediate effect."
On the earlier hearing, the Bench had expressed unhappiness on the failure of the UP Police in tracing the girl and directed the Gorakhpur police to share the entire investigation records to Malviya Nagar Police here of the case.
Later the Delhi police told the apex court that the minor girl has been traced to Kolkata and the alleged kidnapper has been arrested.
Today, Additional Solicitor General (ASG) Rupinder Singh Suri, appearing for the Delhi Police, informed the Bench that the girl had undergone medical examination at AIIMS Delhi including counselling to cope with the trauma.
Suri said that it seems the girl had married the man and has refused to go with her mother.
Advocate Amit Pai appearing for girl's mother told the apex court that the girl was currently pregnant and urged the Bench to issue appropriate directions on an urgent basis on the issue.
He further said that there was a discrepancy regarding her age as the girl's Aadhaar card mention that she is only 13 years old but police records state that she is 16 years old. ASG Suri further submitted that AIIMS Delhi had referred the minor girl to the forensic department for age determination.
The Bench also noted from the report of the counselling session that the minor victim had admitted that she had been subjected to sexual assault.
The top court then asked ASG Suri to talk to the Delhi police authorities about their plan of action and thereafter apprise the Court on the next date of hearing, September 14.
The mother of the missing girl had filed the habeas corpus petition in the apex court, to produce the girl before the court, while voicing the apprehension that the girl might be sexually abused or be trafficked into the sex trade. She suspected a Delhi resident to be the kidnapper.
The petitioner, a domestic maid in Delhi, in the plea said that the suspect had been trying to lure and seduce her minor daughter for long and she had lodged a complaint in the Malviya Nagar Police station in Delhi.
An FIR with respect to the missing girl was filed with the Gorakhpur Police and an attempt was made to file a complaint in Delhi as well after she returned to Delhi, however, the petitioner claimed that no action has been taken to bring the minor girl back.
The mother claimed that her daughter was kidnapped while they were visiting her husband's hometown, Gorakhpur in Uttar Pradesh.
The petitioner also claimed that the man had been chasing, luring, and inducing the minor girl to reside with him.
( With inputs from ANI )
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