Minor Girl Kidnapped From Gorakhpur: Supreme Court Transfers Investigation From UP Police To Delhi Police

The Supreme Court on Tuesday directed the transfer of investigation from the Uttar Pradesh police to the Delhi police on an immediate basis in the case pertaining to the kidnapping of a 13 year old girl from Gorakhpur who had been untraceable for 2 months.

On September 1, the Court had directed the UP Police to hand over the case files to the Delhi Police, after expressing displeasure at its investigation.

 On the next day, the Delhi Police had traced the missing girl from Kolkata, and arrested her abducter, a Delhi-resident.

A Bench comprising Justices AM Khanwilkar, Hrishikesh Roy and CT Ravikumar observed on Tuesday, 

"After hearing the counsels of the parties and without recording any finding on the nature of investigation done by the Gorakhpur police of State of Uttar Pradesh, in the interest of justice let investigation of FIR 125/2021 dated July 8, 2021 be transferred to the Malviyanagar Police Station, Delhi. The investigation of the case shall be carried forward by the Malviyanagar police with immediate effect"

The Bench also directed that all steps must be taken by the Delhi police to ensure that the minor girl is protected from being exposed to any untoward circumstances. The police officer-in-charge of the Gorakhpur police station was also instructed to hand over all the relevant records of the case to the Delhi police. 

Furthermore, the Court appointed Senior Advocate KV Vishwanathan to represent the minor girl after taking note of the fact that the minor girl had no legal representation. 

The Court passed the direction in a habeas corpus petition filed by the girl's mother, seeking steps to trace her.

On Tuesday, ASG Rupinder Singh Suri, appearing for the Delhi Police, informed the Court that the minor girl had undergone medical examination at AIIMS Delhi including counselling to cope with the trauma.

Advocate Amit Pai appearing for the petitioner apprised the Court that the minor victim was currently pregnant and urged the Court to issue appropriate directions on an urgent basis for her protection. He further submitted that there was a discrepancy regarding the age of the victim. Although her school certificate and Aadhar card mention that she is only 13 years old, the police records state that she is 16 years old.

To this, ASG Suri informed the Court that AIIMS Delhi had referred the minor victim to the forensic department for age determination. 

The Bench also noted from the report of the counselling session that the minor victim had admitted that she had been subjected to sexual assault. Accordingly, the Bench directed ASG Suri to talk to the Delhi police authorities about their plan of action and thereafter apprise the Court on the next date of hearing. 

The matter is slated to be heard next on September 14. 

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