[Sexual Assault on Children] Delhi High Court asks various authorities to give suggestions on SOP

Read Time: 06 minutes

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 & they are currently in judicial custody

The Delhi High Court Thursday sought suggestions from various authorities, including the Delhi government and National Commission for Protection of Child Rights (NCPCR), on preparation of Standard Operating Procedure (SOP) to be followed in cases of sexual assaults involving child victims.

A bench comprising of CJ Satish Chandra Sharma and Justice Sanjeev Narula asked the Child Welfare Committee (CWC), National Commission for Protection of Child Rights (NCPCR), Delhi Commission for Protection of Child Rights (DCPCR), Delhi Commission for Women (DCW), Delhi government’s Department of Women and Child Development, Delhi Police and Delhi State Legal Services Authority (DSLSA) to participate in the meeting for drafting the SoP.

The bench was hearing a suo moto case, it had initiated after taking 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.

The couple was arrested last month and is currently in judicial custody.

During the hearing, Additional Standing Counsel Rupali Bandhopadhya appearing for the Delhi Police, informed the bench that she has filed a status report in the matter.

The court noted that the status report was not on record and asked it to be placed on record. It also impleaded  DCPCR as a party to the plea and asked it to place on record the steps taken by it in the case.

Accordingly, the bench posted the matter for further consideration on October 6, 2023.

On August 28, the court had taken suo moto cognizance in the matter and directed the  authorities to ensure the identity of the survivor is not revealed in any manner and that she should get due protection and compensation.

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 was 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