Himatbhai Ukabhai Odkiya (Koli) v. State of Gujarat
2020-06-29
N.V.ANJARIA, SONIA GOKANI
body2020
DigiLaw.ai
ORDER : 1. This Court on 18.06.2020 passed the following order which deserves reproduction at the beginning:- “1. This Court passed following order on 12.06.2020: “(1) This petition is preferred seeking a writ of habeas corpus or any other appropriate writ in connection with the corpus who is a minor daughter of the petitioner aged about 13 years whose life, according to the petitioner, is in danger and it is further apprehended that she may have been indulged into human trafficking. (2) We could notice that the F.I.R. was lodged way back on 27th January, 2020 with Babra Police Station, Amreli for the offence punishable under Section 363 and 366 of Indian Penal Code and Section 18 of the Protection of Children from Sexual Offences Act (POCSO Act hereinafter), however until this date, whereabouts of the corpus is not found out. (3) We have heard learned advocate Mr. Soni for the petitioner and learned Additional Public Prosecutor Mr. Manan Mehta who, on issuance of notice, has waived the notice for respondent Nos. 1 and 3. (4) Learned advocate Mr. Soni has heavily relied on the order of this Court dated 26th December, 2012 rendered in Special Criminal Application No. 1648 of 2012 and other allied matters. It is alleged that no stone was left unturned to find out the corpus. The petitioner also addressed communications to several authorities including Superintendent of Police, Amreli. (5) Learned Additional Public Prosecutor submits that let the report come from Superintendent of Police, Amreli and thereafter any other and further orders may be passed, if needs arise. (6) Let the service of notice be effected to other respondents. Respondent Nos. 2, 4 and 5 shall be served through e-mode by the petitioner and respondent Nos. 6 to 8 to be served through respondent No. 5, making it returnable on 18th June, 2020. (7) Superintendent of Police, Amreli shall remain present before this Court through video conferencing on that day and he shall also send his report in advance to this Court in that regard. While doing so, he shall also bear in mind the age of the corpus and the order of this Court in Special Criminal Application No. 1648 of 2012. He shall also keep in mind the decision of the Apex Court rendered in Bachpan Bachao Andolan vs. Union of India, (2015) 13 SCC 39 .
While doing so, he shall also bear in mind the age of the corpus and the order of this Court in Special Criminal Application No. 1648 of 2012. He shall also keep in mind the decision of the Apex Court rendered in Bachpan Bachao Andolan vs. Union of India, (2015) 13 SCC 39 . (8) Let all the serious efforts be made to bring the corpus before this Court. It is expected that she would be brought before us on the returnable date through video conference. Even if the corpus is found, Superintendent of Police, Amreli shall remain present before this Court on the returnable date through the video conferencing. A copy of this order shall be sent to the Superintendent of Police, Amreli through e-mode by learned Additional Public Prosecutor.” 2. Today, the corpus has been brought before this Court on account of the efforts of the Mr. Rai, SP, Amreli essentially and his team, who has remained present through video conferencing. Shri Brahmbhatt, learned Principal District Judge, Amreli, has also remained present and he has ensured that no one else remains present in his chamber, when the Court made inquiries from the corpus to ascertain her well-being, wish and will. 3. On inquiring from her, she does not wish to join the applicant-father. In fact, she has expressed her wish to join respondent No. 6. However, such request, naturally, cannot be acceded to. He is an accused in the FIR lodged by the father of corpus being I-C.R. No. 76/2020, registered with Babra Police Station under Sections 363, 366 of the IPC and Section 18 of the Protection of Children from Sexual Offences Act, 2012. Considering her age of 13 years, at the time of incident and noticing nearly 10 criminal antecedents of respondent No. 6, as has been conveyed by Mr. Roy, SP, Amreli, the Court deems it appropriate to DIRECT the corpus to be taken to Mahila Vikas Gruha, Amreli. 4. Considering the fact that she has been found from Kachchh and the Investigating team traveled for about 9 hours, medical examination of the corpus and other inquiries are yet to be made by the police. Bearing in mind the fact that serious offences under POCSO so also under the IPC are alleged against the Respondent no. 6 and others, let the entire process be completed at the earliest. 5.
Bearing in mind the fact that serious offences under POCSO so also under the IPC are alleged against the Respondent no. 6 and others, let the entire process be completed at the earliest. 5. It is given to understand by the Superintendent of Police Mr. Roy that PI, Mr. Vaghela, shall be investigating the matter and he would be reporting to the Dy. S.P. Mr. Rana, who shall also be the officer for the purpose of granting any permission to meet the corpus, who is going to be lodged at the Mahila Vikas Gruha, Amreli, apart from S.P. Amreli himself, this will also give cooling period to the corpus, whose wish and will have to be ascertained after fortnight, when she shall be produced before this Court, once again. From the preliminary details which he has revealed that there are number of criminal antecedents of the Respondent no. 6 and some indecent actions also on the part of the applicant at some point of time and therefore, it is being DIRECTED to the Rector/Administrator of the Mahila Vikas Gruha, Amreli, that she shall not permit anyone to meet the corpus, without express permission of the Dy. S.P. Shri Rana and S.P. Amreli, Shri Roy. 6. Let the next date of hearing be fixed for hearing on 29th June, 2020. 7. With the above directions, the investigation, in the matter shall continue on expeditious basis in accordance with law bearing in mind the laudable objectives of the POCSO Act. 8. Noticing the fact that respondent Nos. 7 and 8 are being represented by learned Advocate, Mr. Rathin Raval, and learned Advocate, Mr. Karia, they have ensured to guide and intimate the respondents to cooperate with the investigation. The applicant shall also cooperate. 9. Learned PDJ, Mr. Brahmbhatt, shall ensure that the custody of the corpus is handed over to PI, Mr. Vaghela, who shall also have with him a LADY POLICE CONSTABLE while escorting the corpus. 10. In the event of any difficulty in getting the order executed, SP, Amreli, is permitted to approach this Court through the learned APP. 11. Let a copy of this order be given to the learned APP for onward communication and due execution. 12.
Vaghela, who shall also have with him a LADY POLICE CONSTABLE while escorting the corpus. 10. In the event of any difficulty in getting the order executed, SP, Amreli, is permitted to approach this Court through the learned APP. 11. Let a copy of this order be given to the learned APP for onward communication and due execution. 12. We place our appreciation on record for the prompt action taken by the SP, Amreli and his team in searching corpus as also for the Learned Principal District Judge For arrangement made of video Conferencing and also for the time spent by him at a very short notice. 13. S.O. to 29th June, 2020.” 2. Today, we have the corpus before us presented through video Conferencing arranged at District Court Amreli with Mr. Prashant Bhrambhatt, learned Principal District Judge, Amreli along with Mr. Roy, the Superintendent of Police, Amreli. We have heard learned advocate Mr. Karia appearing for respondent no. 8, learned advocate Mr. Rathin Raval appearing for respondent no. 7 and Mr. Manan Mehta, learned Additional Public Prosecutor for the State. 3. On an inquiry from the Court, Mr. Roy, the Superintendent of Police, has submitted that the investigation is going on full-fledged. The girl is 14 years of age and her statement has been recorded under Section 164 of the Code of Criminal Procedure as is the requirement under the Protection of Children from Sexual Offences Act (POCSO Act). She is housed at the Mahila Vikash Mandal, Amreli. He personally visited the same and has ensured that she has given safe environment and also healthy and nourishing diet to keep her body and mind both healthy. Her medical check-up has also been done revealing serious offences against her person alleged to have been committed the Respondent no. 6 and others in connivance of each other and therefore, the offence under Section 376 also has been added. As submitted to us on the last occasion, he reiterated the criminal antecedents of respondent no. 6 who also has been arrested. According to him, there are many more people who have assisted him in getting the girl abducted and allegedly exploited. 4. We have chosen to communicate with the corpus. She has no difficulty to continue at the Women Protection Home. On a specific inquiry from her about her studies, she chose not to show any inclination for further studies.
According to him, there are many more people who have assisted him in getting the girl abducted and allegedly exploited. 4. We have chosen to communicate with the corpus. She has no difficulty to continue at the Women Protection Home. On a specific inquiry from her about her studies, she chose not to show any inclination for further studies. We have been conveyed by the Superintendent of Police, Ameli that the environment at her parental home was not conducive and domestic violence upon her and her mother was one of the issues faced by her. 5. Noticing the on-going investigation and also the serious allegations which have emerged in this case against some of the respondents and others who are not before this court so also noticing the very young age of the girl being merely 13 years at the time of the incident and now turned 14 years, we deem it appropriate to issue certain necessary and needed directions as under:- (i) Her lodgment and custody shall continue with the Mahila Vikas Mandal, Amreli till further orders. (ii) It shall be ensured by the Director/Administrator of Mahila Vikas Mandal that her physical, mental and emotional health shall remain in a good condition. (iii) Mr. Roy, Superintendent of Police, Amreli shall ensure the best of the counselling by the psychologists/psychiatrists for healing the scars that she may have had due to past events of her life and also to further prepare and motivate her for the studies and better future. (iv) It shall be also ensured by the Superintendent of Police, Amreli that with the help of Women and Child Welfare Department or the Welfare Officer, along with her further studies, she may undertake some vocational training which can make it possible for her to earn her own livelihood with dignity in future. 6. Noticing her family condition, she shall be permitted to meet the mother, if she chooses or wishes, only upon the permission of the Superintendent of Police, Amreli and that shall be also in presence of some responsible officer. 7. So long as her custody continues at the Women Protection Home, Amreli, in the event of any difficulty or any requirement of further directions/guidance in relation to the minor, Administrator/Director of the Women Protection Home or the Superintendent of Police, Amreli is permitted to approach this Court by moving a separate Application in this very petition. 8.
7. So long as her custody continues at the Women Protection Home, Amreli, in the event of any difficulty or any requirement of further directions/guidance in relation to the minor, Administrator/Director of the Women Protection Home or the Superintendent of Police, Amreli is permitted to approach this Court by moving a separate Application in this very petition. 8. Let the investigation continue with its requisite rigor, however, due care shall be taken of the corpus-victim girl in this process by all concerned and a protective umbrella of law shall continue to safeguard her. 9. For implementing the directions that have given in this order for the betterment of the child, the Superintendent of Police, Amreli is permitted to take assistance form the District Collector or from any agency of the State Government keeping interest of minor as a paramount guiding force. 10. No one will be permitted to visit her till the completion of the trial without the permission of the Superintendent of Police, Amreli. The Administrator/Director of Mahila Vikas Mandal shall also seek prior permission of the Superintendent of Police, Amreli before she permits anyone who is outsider, to meet the corpus. 11. We place on record our appreciation for the endeavours made on the part of Mr. Roy, Superintendent of Police, Amreli and his team. We also acknowledge the assistance rendered by learned Principal District Judge who shall ensure that the corpus is taken back safely to the Mahila Vikas Mandal. 12. With the above directions, this petition stands disposed of accordingly.