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2020 Supreme(Guj) 569

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SONIA GOKANI, N.V. ANJARIA, JJ.
Himatbhai Ukabhai Odkiya (Koli) – Appellant
Versus
State of Gujarat – Respondent
Special Criminal Application No. 2501 of 2020
Decided On : 29-06-2020

Advocates:
Advocate Appeared:
For the Appellant : Mr. Maulik M. Soni.
For the Respondents: Mr. Rathin P. Raval, Mr. Tanmay B. Karia, Mr. Manan Mehta.

Headnote:

Protection of Children from Sexual Offences Act - Section 18 - Human trafficking - 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 – Held, 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 – Directions issued – Petition disposed of.

Facts of the Case:

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 however until this date, whereabouts of the corpus is not found out.

Finding of the Court:

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 – Directions issued –

Result: petition stands disposed

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.

(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

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