The Supreme Court on Friday asked Delhi Commission for Women (DCW) to apprise what steps would it take to provide relief to a 19-year-old woman, who has alleged that she was subjected to sexual assault by her father when she was a minor. The apex court also asked the Delhi Police to inform whether it has any objection to taking over the investigation in the case which was transferred to Ambala. A bench of justices AM Khanwilkar and CT Ravikumar was hearing a petition filed by the woman seeking transfer of the case from Ambala to Delhi.
In the case, a zero FIR was lodged at Delhi in July and was subsequently transferred to Ambala. A zero FIR can be filed in any police station and it is then forwarded to the concerned police station under whose jurisdiction the alleged offence has been committed for necessary action. In her petition, filed through advocate Abhinav Agrawal, the woman has said that her father had sexually assaulted her when she was a minor and as her mother had passed away in 2016, there is no one to look after her in the family.
The plea said the woman left her home on July 22 and went to one of her relatives house and the next day, she had approached the DCW. During the hearing, the counsel appearing for DCW told the bench that the woman had approached the commission on July 23 and they are willing to rehabilitate her. 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.
You need to give her protection and basic necessity, the bench observed. The counsel said protection issue would come under Delhi Police and the DCW would provide her everything that we can do and which is in our purview.
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 said, adding the prayer related to transferring the FIR is not a big issue. Advocate Akshita Goyal, appearing for the petitioner, told the bench that the woman is suffering and hiding and the accused has not been apprehended yet. The counsel appearing for Haryana said the woman had sent an e-mail to the Superintendent of Police, Ambala, that her case be transferred to Delhi. The bench asked Haryana’s counsel whether they have any objection if the FIR is transferred to Delhi.
We don’t have any objection, the state’s counsel said. The counsel appearing for Delhi said he will take instruction from the police in the matter and will also file an affidavit on behalf of the DCW.
We will have it on Tuesday (September 28). In the meantime, you take instruction from DCW as well as from Delhi Police if they have any objection in taking over this investigation, the bench said. In her plea, the woman has sought a direction that upon transfer of the case to Delhi, it be investigated as per the procedure prescribed under the Protection of Children from Sexual Offences Act, 2012 and also the standing order issued by Delhi Police for response and probe into cases of a sexual offence.
It has also sought a direction to the DCW to look after the protection and basic necessities of the woman as she fears for her safety. The plea said the woman had escaped the clutches of her father and mustered the courage to inform about her ordeal and sexual exploitation to the DCW and Delhi Police in July this year.
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