“Identity of child should not be disclosed”: Delhi High Court takes suo moto cognizance of alleged minor’s rape by Premoday Khakha

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Synopsis

Khakha allegedly raped the minor several times and impregnated her. Khakha's wife, Seema Rani allegedly gave medicine to the minor to terminate the pregnancy. The couple has been arrested & are currently in Judicial Custody

The Delhi High Court has taken suo-moto cognizance of an incident wherein a minor girl has allegedly been raped several times by the suspended Delhi government’s Women and Child Development Department Officer, Premoday Khakha.

The minor was allegedly impregnated and Khakha’s wife, Seema Rani (an accused in the case) gave medicine to her to terminate the pregnancy.

Currently, the couple is in Judicial Custody and was arrested earlier, this month.

During the hearing today, the Delhi Police informed the court that the minor victim is currently admitted to a hospital in Delhi. The counsel also informed that the child is in a critical state and had seizure yesterday.

The division bench of CJ Satish Chandra Sharma and Justice Sanjeev Narula said, "Keep her there. Make sure her name is masked on all the FIR and other documents".

The bench directed the Delhi Police to ensure that the child's name is not disclosed. The court was apprised by the National Commission for Protection of Child Rights (NCPCR) has also taken cognizance of the matter.

The court sought the status report from the Delhi Police and the Delhi Women and Child Development Department and posted the matter for further consideration on September 14.

Notably, on August 23 Additional Sessions Judge (POCSO) Richa Parihar extended by 14 days the judicial custody of suspended Delhi government officer Premoday Khakha, who allegedly raped a minor several times and impregnated her.

His wife Seema Rani is also in judicial custody, who is accused of giving the girl medicine to terminate her pregnancy, which was also extended by 14 days.

Khakha had allegedly raped the girl several times between November 2020 and January 2021. She was staying at the residence of the accused, a family friend, after her father passed away on October 1, 2020, the police had said.

The couple was arrested on Monday i.e. August 2, after the victim recorded her statement before a magistrate at a hospital.

According to PTI, a case has been registered under provisions of the POCSO Act and Indian Penal Code sections 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) and 509 (word, gesture or act intended to outrage the modesty of a woman).

IPC sections 506 (criminal intimidation), 323 (voluntarily causing hurt), 313 (causing miscarriage without woman's consent) and 120B (criminal conspiracy) have also been invoked in the case.

Case Title: Court in its own motion v. Department of Women and Child Development