Gujarat High Court
Rupliben Wd/O Vinodbhai Patel vs State Of Gujarat on 20 April, 2021
Bench: Bela M. Trivedi, Rajendra M. Sareen
R/SCR.A/1830/2021 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 1830 of 2021
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RUPLIBEN WD/O VINODBHAI PATEL
Versus
STATE OF GUJARAT
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Appearance:
UMARFARUK M KHARADI(8155) for the Applicant(s) No. 1
NOTICE SERVED(4) for the Respondent(s) No. 2,3,6
NOTICE UNSERVED(8) for the Respondent(s) No. 4,5
MS. JIRGA JHAVERI, APP (2) for the Respondent(s) No. 1
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CORAM: HONOURABLE MS. JUSTICE BELA M. TRIVEDI
and
HONOURABLE MR. JUSTICE RAJENDRA M. SAREEN
Date : 20/04/2021
ORAL ORDER
(PER : HONOURABLE MS. JUSTICE BELA M. TRIVEDI)
1. The petitioner - Rupliben Wd/o Vinodbhai
Patel, who happens to be mother of the corpus -
Minakshiben, had filed the present petition
seeking issuance of Writ of Habeas Corpus
seeking direction against the concerned
respondents to produce the corpus from the
illegal confinement of the respondent No. 5 to
7.
2. The corpus having been traced out and
produced before the Co-ordinate Bench, it was
found that her hemoglobin level was very low.
On 30.03.2021, the Court had passed the
following order : -
"1. Pursuant to the directions issued by this Court
on 18.03.2021, the Corpus was taken to SSG
Hospital, Vadodara. The Department of Radiology has
R/SCR.A/1830/2021 ORDER
diagnosed as follows:-
"Uterus size : 8.5(L) x 4.9(W) x 6.5(BC) cm,
moral. CET : 14.5 mm.
No evidence of intrauterine retained products of
conception noted. Bilateral ovaries normal, shows
fes follicles within."
2. It also further emerges that the Medico-Legal
Certificate from Godhra General Hospital forms part
of the record. There may not be any requirement for
the Court to further dilate, except the fact that
the level of Hemoglobin of the Corpus, as mentioned
in the earlier order, was only 5 gm/dl when taken
to SSG Hospital, Vadodara. Various reports have
been carried out and there is a mention of a
spontaneous abortion possibly on account of weak
condition. The Report of Mr. M.K. Khant, Police
Inspector, Godhra Taluka Police Station,
inadvertently, makes a mention of the abortion
having been done on 19.03.2021. On a query being
raised in presence of learned PDJ Mr. Shah, he
admits this to be his mistake. The Corpus is
presently with the Women Shelter Home and is today
urging the Court to allow her to go with her
mother.
3. We notice that the Corpus is only 14 years old
and has undergone the trauma of not only the
alleged rape but also of having carried the fetus,
which has now been aborted on account of her ill-
health. Therefore, there is a need of taking
medically extra-care of the Corpus, as she is
returning to her parental home. Her mother shall
take additional care on this aspect.
4. We have requested the learned PDJ to provide
her legal aid, as provided by the Apex Court in the
case of Delhi Domestic Working Women's Forum v.
Union of India & ors., (1995) 1 SCC 14. We had
particularly asked the Investigating Officer as to
whether he was aware of the list of empaneled
Advocates maintained in the Police Station, as has
been directed by this Court; however, he has shown
his ignorance. We notice that various measures have
been directed by the Apex Court in different
judgments and particularly, in case of rape
victims, even before the POCSO Act came into play.
Very seldom the ratio are being followed as
expected and as obligated under the law. The
learned PDJ, under the banner of District Legal
Services Authority, can also conduct legal camps in
association with the District administration. The
R/SCR.A/1830/2021 ORDER
concerned Superintendent of Police shall extend
necessary cooperation for the appraisal of the
Investigating Officers so that they could discharge
their duties more efficiently and in accordance
with the law of the country. The module could be
worked out by the Director, Gujarat State Judicial
Academy for implementation in all the Districts, so
that more and more efficiency is brought into the
administration and in the investigation.
5. So far as payment of compensation to victims
sexual assault and rape under the Victim
Compensation Scheme is concerned, the State has
formulated the Victim Compensation Rules, 2019. For
getting the said benefit, an application shall be
made for and on behalf of the victim, for which the
Lawyer concerned also shall be guided by the
permanent Secretary, District Legal Services
Authority. Such application shall be expedited so
as to ensure that the victim gets benefit of
interim / final compensation. The Corpus will be
permitted to join her mother and the Investigating
Officer shall ensure her periodical visit to the
Hospital at the end of every fortnight, at least
for the period of next two months, so that her
level of Hemoglobin is brought to normal levels.
The Corpus could also be given necessary
supplements for the overall improvement of her
health.
6. The matter be posted on 20.04.2021, for knowing
the well-being of the Corpus. We acknowledge the
presence of learned PDJ, who shall also take
necessary follow-up action in this regard."
3. Today, the learned APP Ms. Jhaveri has
submitted the report of Police Inspector, Godhra
Taluka Police Station along with the medical
papers of the corpus Minakshiben, from which it
transpires that hemoglobin level of the corpus
is increased to 9.1 gm. The corpus - Minakshiben
is also present in the chamber of Mr. J.R. Shah,
Principal District Judge, Godhra. On the Court
having inquired from the corpus about her well-
being, she stated that she is better than before
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and has no medical problem whatsoever. She also
said that she is happily staying with the
petitioner i.e. her mother and has no problem
from the concerned respondents who are staying
in the same locality of the petitioner and the
corpus. Learned APP, on instructions has
submitted that the respondent No. 5 has already
been arrested on 15.03.2021 and he is in the
judicial custody.
4. In view of the above, since the custody of
the corpus is already handed over to the
petitioner i.e. mother of the corpus, no further
direction is required to be issued in the
present petition. It is clarified that the Court
has not expressed any opinion as regards the
merits of the complaint lodged by the petitioner
and 366 of IPC and Section 8 of the POCSO Act,
and the same shall be proceeded further in
accordance with law.
5. In the afore-stated premises, the petition
stands disposed of.
(BELA M. TRIVEDI, J)
(RAJENDRA M. SAREEN,J)
AMAR SINGH
