The Delhi High Court in the case Court on its own motion v. Department of Women and Child Development and Ors observed and took the suo motu cognizance of a minor girl’s rape allegedly by an official of Delhi government’s Women and Child Development Department.
The Division bench comprising of Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula in the case observed and took the suo motu cognizance and has asked the Delhi Police for ensuring that the identity of the minor child is protected and not revealed in any manner.
In the present case, the Premoday Khakha is accused of raping the minor over several months and impregnating her. Thus, he and his wife has been arrested by the Delhi Police and the allegations made against his wife is that she gave abortion pills to the minor child.
Therefore, the Delhi Police in the case informed the court that the health condition of the victim of the child, who is presently admitted in a hospital in the national capital, is critical and that she had seizure.
The bench in the case observed and seek a status report from the Delhi Police and Delhi Government’s Women and Child Development Department.
The counsel appearing for the National Commission for Protection of Child Rights informed the court that the body has taken cognizance of the incident and that it will also file the response in the said matter.
However, the court booked Khakha and his wife under the Indian Penal Code and the POSCO Act Khakha was being suspended from his post following a direction from Chief Minister Arvind Kejriwal, before the arrest of him. The minor in the case was staying at the residence of Khakha, who being the family friend, after her father passed away in 2020.
Therefore, Khakha in the case is being accused of raping the minor several times between November 2020 and January 2021. Thus, both Khakha and his wife were arrested on August 13, 2023. Further, the FIR in the case has been registered for the offences stated under Section 376(2)(f) (being a relative, guardian or teacher of, or a person in a position of trust or authority towards the woman, commits rape on such woman), Section 509 (the word, gesture or act intended to outrage the modesty of a woman), 506 (the criminal intimidation), Section 323 (the voluntarily causing hurt), Section 313 (causing miscarriage without the consent of woman’s) and 120B ( the criminal conspiracy).
Accordingly, the court listed the matter for further consideration on September 14, 2023.
