DELHI COMMISSION FOR WOMEN Vs. MEENA DEVI

JUDGEMENT

(1.) The Writ Petition under Article 226 and 227 of the Constitution of India, 1950 read with Sec. 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as ,,CrPC) has been filed on behalf of the Petitioner/Delhi Commission for Women.

(2.) It is submitted in the Petition that the Petitioner is the Chairperson of Delhi Commission for Women (hereinafter referred to as ,,DCW), a Statutory Body, formed under the Delhi Commission for Women Act, 1994.

(3.) Briefly stated, the FIR No. 1553/2015 under Sec. 363/376 of the Indian Penal Code, 1860 (hereinafter referred to as ,,IPC) and Sec. 4/6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as ,,POCSO Act), was registered at Police Station Burari, by a minor girl, aged 14 years along with her mother, who approached the Respondent No. 2/SHO, Burari wherein allegations were made of a kidnapping and being kept in confinement and subjected to sexual assault. The minor girl was produced before the learned Metropolitan Magistrate on 5/1/2016 where her Statement under Sec. 164 CrPC was recorded, in which she stated that she did not blame any person for committing an offence against her. It was directly contradictory to the First Information Report in which the name of the accused was clearly mentioned. This statement under Sec. 164 CrPC became the basis for release of the accused on bail vide Order dtd. 12/1/2016. Thereafter, on 25/1/2016, the minor victim wrote a Letter to Honble Chief Minister of Delhi stating as to how she had been intimidated and coerced by the accused persons into giving a false statement under Sec. 164 CrPC. This Letter was forwarded by the Office of Honble Chief Minister to the Delhi Police, for immediate action. However, despite receiving this Letter, the Police chose not to seek the cancellation of bail or to get the statement of the victim afresh. However, the Charge-Sheet was filed on 19/2/2016, before the concerned Court.