The court applied the UN Model Law guidelines for recording evidence of vulnerable witnesses and emphasized the appointment of a guardian ad litem and legal assistance for the minor daughter.

G.S. Sistani, J.

1. Present writ petition has been filed by petitioner under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure seeking a direction to the respondents to release her minor daughter from Paripurna Jeevan Shelter Home and produce her before this Court.

2. The facts of this case reveal a very sad state of affairs.

3. By the present petition, the petitioner complains that her daughter, who is stated to be sixteen years of age, is in wrongful confinement and custody of Paripurna Jeevan Shelter Home on the strength of an order passed by the Child Welfare Committee constituted by the National Capital Territory of Delhi.

4. As per the petition, the daughter of the petitioner was missing from her house w.e.f. 17.3.2015. At the instance of Noor Islam, one of the sons of the petitioner, FIR No. 63/15 was lodged under Section 363 of the Indian Penal Code at Police Station Chanakya Puri. Upon investigation, the parents of the minor daughter were called to Police Station. They found their daughter under the influence of the Investigating Officer and a man known as Amit Kumar. One of the sons of the petitioner, namely, Mustafa, was also arrested by the Police officers of Police Station Chanakya Puri, when the petitioner learnt that her minor daughter had complained that her own brother, Mustafa, had raped her. Statement of the minor daughter of the petitioner was also recorded before the Court. The daughter of the petitioner was also produced before the Child Welfare Committee at Mayur Vihar (respondent No. 2 herein) in the month of March, 2015. Since then, the minor daughter has been housed in Paripoorna Jeevan Homes for Girls, Karol Bagh, New Delhi, under the orders of respondent No. 2. The petitioner has sought her release being the natural guardian.

5. We may notice that the statement of the minor daughter of the petitioner was initially recorded under Section 164 of the Code of Criminal Procedure. In her statement, she had shown no interest to return to her house and in fact expressed her desire to stay at a place where she could live in peace.

6. We have heard learned counsel for the petitioner, counsel for the Paripoorna Jeevan Homes for Girls, the minor daughter of the petitioner, the Welfare Officer and Support Person.

7. Today, the minor daughter of the petitioner is present in Court along with Ms. Somy Harshan, Child Welfare Officer, and Ms. Shohini Banerjee, Support Person. The minor daughter of the petitioner has expressed her desire to join her parents. We had postponed this request of the minor daughter, as her statement before the trial court had not been recorded.

We are informed by counsel for the parties that examination-in-chief and cross-examination of the minor daughter of the petitioner stand concluded.

8. Learned counsel for the State, counsel appearing for the Paripoorna Jeevan Homes for Girls, Karol Bagh, New Delhi, the Welfare Officer and Support Person, who have counselled the minor daughter of the petitioner, submit that the minor daughter of the petitioner should be handed back to the petitioner, however, with certain conditions.

9. On a query raised by the Court, we are informed that the accused, Mustafa, brother of the child, is in judicial custody and the co-accused, Amit Kumar, is on bail. Another son of the petitioner is stated to be residing separately.

10. It may be noticed that the UN Office on Drugs and Crime, Vienna, UN, New York 2009 has published ‘The UN Model Law on Justice in matters involving Child Victims and Witnesses of Crime’ wherein Guidelines for recording of evidence of vulnerable witnesses in criminal matters have been formulated to enable them to give their best evidence in criminal proceedings. Paras 15 and 16 of the guidelines provide for ‘Appointment of Guardian ad litem’ and ‘Duties of Guardian ad litem’ respectively, read as under:

“15. Appointment of Guardian ad litem.-

The Court may appoint any person as guardian ad litem