Read Order: X vs. GOVERNMENT OF NCT OF DELHI & ORS.

LE Staff

New Delhi, September 25, 2021: While considering a plea filed by a woman, who alleged that she had been sexually assaulted by her father when she was a minor, the Delhi Commission for Women (DCW) has been asked by the Supreme Court to apprise it about the steps that the Commission would be taking to provide relief to her.

The Delhi Police has also been asked by the Division Bench of Justice A.M. Khanwilkar and Justice C.T. Ravikumar to inform whether it has any objection to taking over the investigation in the case which was transferred to Ambala.

News Agency, PTI, reported that in her plea, the woman has sought transfer of the case from Ambala to Delhi and also, a direction that upon transfer of the case, it be investigated as per the procedure prescribed under the Protection of Children from Sexual Offences Act, 2012, and the standing order issued by Delhi Police for response and probe into cases of a sexual offence.

As the woman was concerned about her safety, the plea also sought a direction to the DCW to look after the protection and basic necessities of the woman.

Earlier, a zero FIR had been lodged at Delhi in the month of July and then was transferred to Ambala.

Advocate Abhinav Agrawal had filed the petition in which the woman stated that when she was a minor, she was sexually assaulted by her father. She had no one to look after her as her mother had expired in the year,2016. It was also stated therein that it was in July that she left her home and thereafter approached the Commission.

The woman had approached the Commission on July 23, and they were willing to rehabilitate her, stated the counsel appearing for DCW.

When the counsel said she can approach the commission again, the Bench observed that in such cases the DCW should be approaching the complainant. The counsel said the commission is there with the woman and will take care of her requirement, reported PTI.

PTI reported that the Bench said, “You tell us on affidavit what you will do for her. If she is in need, on your own, what you can do for her without she approaching you”. The Bench also added that the prayer related to transferring the FIR is not a big issue.

Advocates who appeared for the petitioner were Ms. Akshita Goyal, Mr. Abhinav Agrawal, Mr. Rajiv K. Virmani and Mr. Sahil.

The Bench was told by Advocate Akshita Goyal, counsel appearing for the petitioner, that the woman is suffering and hiding and the accused has not been apprehended yet.

In response, the counsel appearing for Haryana stated that the woman had sent an e-mail to the Superintendent of Police, Ambala, that her case be transferred to Delhi. On being asked by the Court that whether they have any objection if the FIR is transferred to Delhi, the State’s counsel mentioned that they didn’t have any objection.

The Court was informed by the counsel appearing for Delhi that he will take instruction from the police in the matter and will also file an affidavit on behalf of the DCW.

The matter has now been listed on September 28, 2021.

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