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Justice Mukta Gupta of the Delhi High Court has granted custody of minor rape victim’s child to the statutory rape accused father stating that the facts are "peculiar". The Court was hearing a bail petition under Sections 363/376 IPC and Section 6 of POCSO Act.

Brief Facts

The victim is a minor studying in 9th standard. On 25th March 2021. According to the statement of the victim, she stated that she did not know how she became pregnant 5 months ago. She went to her friends place and there someone gave something to drink after which she did not know what happened and she did not suspect anyone.

The prosecutrix victim has submitted that that she went with the petitioner of her own free will and that she was in love with the petitioner. However, her family did not consent to the relationship, so much so that they gave the new born child away to her brother’s friend in adoption.

The petitioner/ rape accused himself surrendered to custody. The petitioner has contended that the petitioner and prosecutrix knew each other and were in a consensual relationship having married pursuant thereto and the prosecutrix was now on the family way about to deliver the child.

The Court in an earlier decision sent the prosecutrix and her child to Children’s Home Nirmal Chhaya Complex, to live together.

Order

In consideration of the “peculiar facts”, the Court granted bail to the accused father and also granted custody of the child to him. The Court noted that the relationship between the petitioner and prosecutrix was not accepted by the family members. It was further highlighted that the amicus curie to the Court was not allowed to speak to the presecutrix victim by the members of the family. In addition, the fact remains that the family gave away the prosecutrix’s child away in adoption, the Court noted.

Considering the fact that the prosecutrix, a minor, wants the baby to go to the father and that the baby cannot be permitted to “languish” in the After Care home, the Court ordered:

“Custody of the baby boy has been handed over to the petitioner who is his natural father. The parents of the petitioner are also present who state that they will take adequate care of the child.”

Further, he prosecutrix was ordered to be lodged in the After Care Home in the Nirmal Chhaya Complex till she attains the age of majority or subject to any further orders passed by a competent Court and would be thereafter at liberty to reside wherever she wants.

Cause Title: ---- vs State Govt NCT of Delhi