RASHMI BEHL Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Petitioner, a young girl of 22 years who hails from the State of Uttar Pradesh, has filed this writ petition under Article 32 of the Constitution of India for the enforcement of her fundamental rights guaranteed under Articles 14 and 21 of the Constitution of India inasmuch as even though her FIR was registered on 21.1.2013 neither statements of the petitioner or her witnesses had been recorded nor her medical examination under Section 164A of the Criminal Procedure Code had been done by the Uttar Pradesh Police despite repeated notices and reminders sent to the authorities. Petitioner has alleged to the extent that she was abducted, repeatedly assaulted and raped by her own father and his accomplices for not accepting their demand to enter the flesh trade in which her family is actively involved.

(2.) The writ petition before us shows that the ordeal of the petitioner began in the year 2010 when the father and her family alleged to have started coercing her to join the flesh trade/prostitution. Upon realizing petitioner's unwillingness, father and the family tried to sell her off to an elderly man of about 65 to 70 years in Punjab. Upon becoming aware of the nefarious designs of the accused persons, petitioner somehow managed to escape from her parental home in Meerut and escaped to Haridwar, from where she was brought back by some Samaritans to the office of DIG Meerut, where she narrated her ordeal. Petitioner was sent to the custody of her parents with a stern warning, which was not complied. As such, she was then given into the custody of Ms. Asha Madho, who was an ex-teacher of the petitioner. However, in the midnight of 1/2.9.2011 in the absence of the custodian, her parents along with their relatives with police assistance said to have forcibly took her away. Thereafter, petitioner complained to the Police that she was held in captivity by her father and anything can happen to her in such circumstances. Taking action on the said letter, the SHO produced the petitioner before the City Magistrate on 5.9.2011, where the petitioner stated that she was a major and should be allowed to stay free as per her wishes and her custody should not be given to her father and family. Father of the petitioner also moved an application before the City Magistrate stating that his daughter was mentally unstable on which an order was passed to refer the petitioner to a hospital for mental medical examination, in which she was declared mentally sound. The City Magistrate passed an order giving the custody of the petitioner to Ms. Asha Madho. It was also ordered that Ms. Asha Madho will produce the petitioner before the Court as and when required.

(3.) Aggrieved by the order, father of the petitioner preferred a Revision Petition before the Additional District Judge, Meerut seeking custody of the petitioner. Petitioner was produced before the court and when being asked about her choice, she refused to go with her father and told the court that her father had earlier raped her and wanted to sell her. By way of a letter Ms. Asha Madho showed her unwillingness to take custody of the petitioner on the ground of her own sickness and criminal background of petitioner's parents. Hence, the petitioner further showed her desire to go along with Ms. Aparna Gautam, sister-in-law of Ms. Asha Madho. On 15.10.2011, the Additional District Judge partly allowed the revision petition and set aside order dated 16.9.2011 regarding the custody of the petitioner being given to Ms. Asha Madho and held that the petitioner being an adult is free to reside wherever she decides to live.