Recovery of minor girl: Top court hands over probe to Delhi Police

New Delhi: The Supreme Court Tuesday handed over the investigation of a case lodged in Uttar Pradesh, after a 13-year-old girl was missing from Gorakhpur since July 8, to Delhi Police which recently recovered her and arrested the alleged abductor.

A bench headed by Justice A M Khanwilkar transferred the probe and said that all records related to the case collected by the UP Police be handed over to Delhi Police. ASG R S Suri, appearing for Delhi Police, told the bench that the girl was recovered and the man who allegedly abducted her was arrested from Kolkata on September 2 and they were brought here on September 4. After that, the minor was examined at the All India Institute of Medical Sciences and also given counselling.

Suri told the bench, also comprising justices Hrishikesh Roy and C T Ravikumar, it seems that on July 15 she had married the offending man and she has refused to go with her mother. He said the girl has been handed over to the Gorakhpur Police as they wanted her custody to present her before the magistrate there. While arguing that investigation should be handed over to Delhi Police, Suri told the bench that the minor refused to go with her mother as she is "upset with her parents".

Advocate Pai Amit, appearing for the girl's mother who has filed a petition seeking directions to the UP Police and Delhi Police to trace her daughter, told the bench her pregnancy test is positive and if something has to be done, it has to be done in an urgent manner. He said the girl is about 15-16 year old but in her Aadhaar, her age is mentioned as 13. Suri said the girl claims that she is 17-year-old and the AIIMS has referred her to the forensic department for estimation of her age.

"We will transfer the investigation to the Delhi Police. That we will do immediately. But, how should we go thereafter, you should indicate it to us," the bench told the ASG, who said he would discuss the issue and apprise the bench about it.

The bench told the counsel appearing for Uttar Pradesh that it is transferring the probe to the Delhi Police and if he has any objection to it. "I have no objection. I leave it to my lords," the lawyer said.

After the ASG referred to the report of counselling, the bench said, "She has admitted sexual assault?". Suri replied in the affirmative after which the bench observed, "Something needs to be done about it".

The bench slated the matter for further hearing on September 14.