Gujarat High Court
Laxmanbhai @ Lakhubhai Khimabhai Khara vs State Of Gujarat on 22 October, 2020
Author: Sonia Gokani
Bench: Sonia Gokani, Nirzar S. Desai
R/SCR.A/4578/2020 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 4578 of 2020
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LAXMANBHAI @ LAKHUBHAI KHIMABHAI KHARA
Versus
STATE OF GUJARAT
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Appearance:
NABIL O BLOCH(7953) for the Applicant(s) No. 1
for the Respondent(s) No. 2,3
NOTICE SERVED(4) for the Respondent(s) No. 5,6,7,8,9
NOTICE UNSERVED(8) for the Respondent(s) No. 4
MR MANAN MEHTA, ADDL.PUBLIC PROSECUTOR(2) for the
Respondent(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE SONIA GOKANI
and
HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 22/10/2020
ORAL ORDER
(PER : HONOURABLE MS. JUSTICE SONIA GOKANI)
1. This is a petition preferred under Article 226 of the Constitution of India seeking writ of habeas corpus or any other appropriate writ preferred by the petitioner - father Page 1 of 21 Downloaded on : Sat Oct 24 03:10:09 IST 2020 R/SCR.A/4578/2020 ORDER being aggrieved by his young daughter aged 16 years having been abducted by the convict by luring her with an intent to commit the offence of rape etc.
2. The aggrieved petitioner - father filed a complaint of missing of his daughter whose birth date is 09.04.2003, which eventually was converted into FIR with Panchkoshi B-
Division Police Station, Jamnagar for the offences punishable under Sections 363, 366 etc. of the Indian Penal Code. No fruitful results have been achieved and therefore, on 18.09.2020, this Court issued notice where the Superintendent of Police, Jamnagar has been asked to oversee the inquiry and he himself was required to submit a report.
3. On 01.10.2020 the Superintendent of Police, Jamnagar tendered a report providing a chronological detail as to how the steps were made to trace the corpus. He sought ten days' time to find her out.
4. Accordingly, the corpus was brought before this Court Page 2 of 21 Downloaded on : Sat Oct 24 03:10:09 IST 2020 R/SCR.A/4578/2020 ORDER on 12.10.2020 and on realizing that she was already carrying advanced stage of pregnancy, to find out the feasibility of termination, the matter was posted on 14.10.2020. The following order came to be passed on 14.10.2020: -
"1. Pursuant to the issuance of notice, this Court passed following order on 12.10.2020:
"1. Today the corpus is brought before this Court who is presented through video conference arranged from the District and Sessions Court, Jamnagar in presence of learned Principal District Judge Mr. Tyagi.
2. The Court noticed that the corpus is unwilling to join the parents and therefore, she is presently housed at Kasturba Vikas Gruh, Women Protection, Shelter and Development Center at the City of Jamnagar. In our conversation, she insisted on her continuing at Kasturba Vikas Gruh. She also had attempted to justify the action of the respondent accused. Noticing her young impressionable age coupled with the fact that the respondent accused, against whom, the FIR has already been lodged by the parents being I-CR No. 74 of 2019 on 21.12.2019 for the offences punishable under Sections 363 and 366 of the Indian Penal Code and the accused respondent is convicted in other Sessions Case for the offences punishable under Sections 363, 366 and 376 of the Indian Penal Code in which he has preferred Criminal Appeal No. 209 of 2019 before this Court where this Court (Coram: Mr. S.H.Vora, J.) in Criminal Misc. Application No. 01 of 2019 in Criminal Appeal No. 209 of 2019 on Page 3 of 21 Downloaded on : Sat Oct 24 03:10:09 IST 2020 R/SCR.A/4578/2020 ORDER 01.02.2019 while admitting the appeal, has granted him regular bail on the same terms and conditions as imposed while granting regular bail pending trial in his case.
3. Noticing that he once again while on bail on suspension of sentence has indulged into the very crime of luring the corpus who is below 18 years of age. The State shall do the needful on urgent basis for cancellation of his regular bail granted by this Court bringing on record all these aspects before the appropriate Bench.
4. We also converse with the parents who are present and are in miserable state noticing the character of the accused respondent, more particularly, because the girl is too young and appears to be tutored. While permitting the parents to meet the corpus on a regular basis at Kasturba Vikas Gruh, we also request learned Principal District Judge Mr. Tyagi to persuade the girl to join the parents.
5. She also shall be once again taken for her medical examination, Noticing the fact that she is pregnant, the Court shall need to have the clear opinion of the gynecologist as to whether with the advanced stage of pregnancy, termination is feasible without in any manner jeopardizing her health and life both. Opinion should be given to this Court on urgent basis, if possible, by 14.10.2020.
6. Her statement under Section 164(5A) of the Code of Criminal Procedure also shall be recorded and all other investigations shall be expedited.Page 4 of 21 Downloaded on : Sat Oct 24 03:10:09 IST 2020
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7. We place on record our appreciation for the arrangement made by learned Principal District Judge, Jamnagar for facilitating this meeting and for all other arrangements and endeavours at his end to guide the corpus to meet her parents at the court premise as also at Kasturba Stri Vikas Gruh.
8. Matter to appear on 14.10.2020.
9. A copy of this order be made available to learned Principal District Judge, Jamnagar so also learned Additional Public Prosecutor Mr. Manan Mehta for onward communication and due execution of the same."
2. We have been given to understand by the learned PDJ, that due to persuasion, the corpus has, now, agreed to join her parents instead of continuing at Shri Kasturba Stri Vikas Gruh, Women Development/Shelter Home, Jamnagar.
2.1 On completion of necessary formalities at women shelter home, the corpus shall be PERMITTED to join her parents.
3. Today, the papers of medical examination of the corpus done at Guru Govindsinhji Hospital, Jamnagar, have been shared with this Court, which indicate that corpus, aged 17 years, is carrying 5 months' pregnancy. She has given the history to the doctor that out of her relationship with respondent No.4, she has conceived. The general examination of her parameters is normal and no abnormality is noticed. She was also found to be Page 5 of 21 Downloaded on : Sat Oct 24 03:10:09 IST 2020 R/SCR.A/4578/2020 ORDER cooperative and well-oriented. The report, further, states that the procedure of Medically Termination of Pregnancy (in short, 'MTP') can be carried out with certain risks. Since, the corpus is carrying pregnancy of 19 weeks' and 5 days, the termination of pregnancy would require the Court's order, if, it is to be done on completion of 20 weeks. It also lists the risks of termination of pregnancy, viz. (i) bleeding, leading to hemorrhagic shock, (ii) infection leading to senses, which may require repeated surgical interventions, and (iv) the need for blood transfusion, which are the risks related to the teenage pregnancy. The present clinical condition and the ultrasonic sonography findings of the corpus and her pregnancy, led the expert to opine that there is nothing, which suggest any difficulty in conceiving in future. It, further, suggests that for the purpose of DNA analysis of the product of conception, police needs to bring DNA Kit and a wide mouth TAGO container with lid along with the relevant form.
3.1 This report is given by the Doctor & Professor, Obstetrics & Gynecological Department, Ms. Anjali Rayani, Guru Govindsinhji Hospital, Jamnagar.
4. In the case of Madhuven Arvindbhai Nimavat versus State of Gujrat in Special Criminal Application 3679 of 2016 , this court relied on the case of 'Bhavikaben D/o. Rameshbhai Solanki', decided in Special Criminal Application No. 1155 of 2016, while acceding to the request of the rape victim for termination of pregnancy, where the decision in case of 'Chandrakant Jayantilal Suthar Vs. State of Gujarat', in Special Criminal Application No. 4255 of 2015, was depended upon, where, the relevant findings and observations read thus:
"9. This Court, in case of Chandrakant Jayantilal Page 6 of 21 Downloaded on : Sat Oct 24 03:10:09 IST 2020 R/SCR.A/4578/2020 ORDER Suthar v. State of Gujarat, reported in Special Criminal Application No.4255 of 2015 dealt with the law on the subject extensively and denied the permission this wise;
42. There is also the issue of the child that is yet to be born. Whatever be the circumstances in which the child was conceived, whatever the trauma of the young mother, the fact remains that the child is also not to blame for being conceived. It did not ask to be born. When the child is born it should not be abandoned or neglected. Proper provisions are required to be made for its welfare, education and upbringing. The child is innocent, just like the victim, its mother.
43. The Court is fully aware of the hard realities of life that the victim is facing and would face, in future. The trauma, mental agony and fear of social ostracism can take a toll of any person, what to speak of an innocent fourteen- year old girl. As stated hereinabove, there is no other legal option but for her to go through with the pregnancy, which is over twenty-four weeks in length.
44. In giving birth to the child, the victim and her parents are required to be given full assistance and co-operation by the Government authorities, at every level. To this end, this Court considers it appropriate to issue the following directions:-
1) The Collector, Sabarkantha, shall ensure that arrangements are made to provide proper diet, medical supervision and medicines as may be necessary, to the victim throughout the duration of Page 7 of 21 Downloaded on : Sat Oct 24 03:10:09 IST 2020 R/SCR.A/4578/2020 ORDER her pregnancy. When the time for delivery arrives, proper medical facilities be made available to effect a safe delivery.
2) Though the studies of the victim are bound to be interrupted for some time, however, the Collector, Sabarkantha, shall try to ensure that she continues her studies even after the birth of the child, maybe as a private student, if it is not possible for her to study as a regular student for some time.
3) The Collector, Sabarkantha, shall ensure that the child, when born, is not abandoned or neglected. He should also keep a watch to ensure that no harm comes to the child. If the victim and her parents so permit, efforts can be made for the child to be adopted in case the victim does not want to, or is unable to, bear the burden of its upbringing. The services of a reputed NGO can be availed of in this regard.
4) In addition to the amount of Rs.25,000/- ordered to be given to the victim by the Sessions Court as interim compensation, the State Government shall pay her an amount of Rs.1,00,000/-.
5) The court is informed that Dr.Jatinbhai K. Mehta, the accused in connection with the FIR, being I-
C.R.No.060/2015, registered with the Talod Police Station, District: Sabrakantha, has been arrested. If not, steps be taken to arrest him. The District Superintendent of Police, Sabarkantha, shall supervise the investigation of the case and ensure that it is completed expeditiously.
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6) A copy of this order, along with the details of the accused Dr.Jatinbhai K. Mehta, be sent to the Medical Council of India for information and further necessary action, as required.
The said order was challenged before the Apex Court and the Apex Court overruled the order as reported in 2015(8) SCC 721. Relevant paragraphs are reproduced hereunder:
"3. Looking at the peculiar facts of the case, we direct that Ms. Maitri Chandrakant Suthar shall be examined by three seniormost available Gynecologists of Civil hospital, Ahmedabad at Asarwa, alongwith Dr. Riddhi Ketan Shukla, who had examined Ms. Maitri on 25.7.2015 and also by a clinical Psychologist attached to the Civil Hospital. The aforestated team of Doctors shall examine Ms. Maitri and after having an interaction with her, shall decide whether there is a serious threat to her life, if the child is not aborted.
4. If the team of the aforestated doctors is of the view of that termination of the pregnancy is immediately necessary to save the life of Ms. Maitri, the doctor concerned of the Civil Hospital shall perform necessary surgery, if the petitioner and Ms.Maitri desire to go through to such abortion, without taking any permission from this Court. If there is unanimity among the doctors, majority view of the doctors shall prevail.
5. In case of abortion, the hospital authorities shall take necessary tissue from the foetus for DNA identification.Page 9 of 21 Downloaded on : Sat Oct 24 03:10:09 IST 2020
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6. Intimation of this order shall be sent to the Medical Superintendent of Civil Hospital, Ahmedabad at Asarwa, forthwith by the Registry. The learned counsel appearing for the State shall also give intimation of this order to the Superintendent of Civil Hospital, Ahmedabad., that if Ms.Maitri approaches Civil Hospital on 29.7.2015, necessary arrangements for her stay as an indoor patient shall be made by him so that on 30.7.2015 around 11.00 a.m. or at the time suitable to the aforestated doctors, she can be examined.
7. Intimation of this order shall also be given to Dr.Riddhi Ketan Shukla by the learned counsel for the petitioner. If, for any reason, Dr. Riddhi Ketan Shukla cannot remain present, the remaining four doctors shall examine Ms. Maitri and act as per this order."
10. This Court in case of Bhavikaben d/o Rameshbhai Solanki v. State of Gujarat in Special Criminal Application (Direction) No.1155 of 2016 while dealing with the case of a rape victim who had made a request for termination of pregnancy considering the decision rendered in the case of Chandrakant Jayantilal Suthar v. State of Gujarat, (Supra) and on discussing the provisions of Medical Termination of Pregnancy Act, 1971, the pregnancy was permitted to be terminated. It would be appropriate to reproduce relevant paragraphs which reads as under: -
"Before adverting to the facts in the instant case, provisions of MTP Act, particularly Section 3 requires reproduction -Page 10 of 21 Downloaded on : Sat Oct 24 03:10:09 IST 2020
R/SCR.A/4578/2020 ORDER
3. When pregnancies may be terminated by registered medical practitioners -
1.Notwithstanding anything contained in the Indian Penal Code, a registered medical practitioner shall not be guilty of any offence under that Code or under any other law for the time being in force, if any pregnancy is terminated by him in accordance with the provisions of this Act.
2.Subject to the provisions of sub-section (4), a pregnancy may be terminated by a registered medical practitioner, -
(a) where the length of the pregnancy does not exceed twelve weeks, if such medical practitioner is, or
(b) where the length of the pregnancy exceeds twelve weeks but does not exceed twenty weeks, if not less than two registered medical practitioners are,
(i) the continuance of the pregnancy would involve a risk to the life of the pregnant woman or of grave injury to her physical life of the pregnant woman or of grave injury to her physical or mental health; or
(ii) there is a substantial risk that if the child were born, it would suffer from such physical or mental abnormalities as to be seriously handicapped.
Explanation 1 - Where any pregnancy is alleged by Page 11 of 21 Downloaded on : Sat Oct 24 03:10:09 IST 2020 R/SCR.A/4578/2020 ORDER the pregnant woman to have been caused by rape, the anguish caused by such pregnancy shall be presumed to constitute grave injury to the mental health of the pregnant woman.
(3) In determining whether the continuance of a pregnancy would involve such risk of injury to the health as is mentioned in sub-section (2), account may be taken to the pregnant woman's actual or reasonable foreseeable environment. (4) (a) No pregnancy of a woman, who has not attained the age of eighteen years, or who, having attained the age of eighteen years, is a mentally ill person, shall be terminated except with the consent in writing of her guardian. (b) Save as otherwise provided in clause (a), no pregnancy shall be terminated except with the consent of the pregnant woman.
This Act permits termination of pregnancy where the length of pregnancy does not exceed twelve weeks or where such length of pregnancy exceeds twelve weeks but does not exceed twenty weeks, if in the opinion of two registered medical practitioners, in cases of sub section [2](b) of Section 3, continuance of pregnancy would involve a risk to the life of a pregnant woman or of grave injury to her physical or mental health, or there is a substantial risk that if a child were born,it would suffer from such physical or mental abnormalities as to be seriously handicapped. Explanation provides that where any pregnancy is alleged by the pregnant woman to have been caused by rape, the anguish caused by such pregnancy shall be presumed to constitute a grave injury to the mental health of the pregnant woman. Pregnancy thus can be terminated by registered medical practitioner Page 12 of 21 Downloaded on : Sat Oct 24 03:10:09 IST 2020 R/SCR.A/4578/2020 ORDER where it is not of more than twelve weeks. If it is of more than twelve weeks, but less than twenty weeks, two medical practitioners need to opine that continuance of pregnancy would involve a risk to the life of pregnancy woman or that it may cause grave injury to her physical or mental health. Likewise, physical or mental abnormalities of a child to be born is also one of the grounds for medical practitioners to terminate the pregnancy. Further, no pregnancy of any woman who has not attained the age of 18 years, or who having attained the age of eighteen years, is a mentally ill person, shall be terminated except with the consent in writing of her guardian.
The Apex Court in case of Chandrakant Jayantilal Suthar & Anr. v. State of Gujarat [Supra] had left it to the discretion of the medical practitioners, considering the peculiar facts, who were to decide after interaction with the victim, as termination of pregnancy was immediately necessary to save life of the victim herself, it did not want the Doctors to wait for the permission of the Court, if there was a unanimity amongst the doctors; otherwise directed the majority view to prevail. While so doing, the Court directed the Hospital authorities to take necessary tissue from the fetus for DNA identification.
In case of Suchita Srivastava & Anr. vs. Chandigarh Administration, reported in 2009 (3) GLH 468, the Apex Court has laid down the theory of best interest test to hold that the Court is required to ascertain the course of action which would serve the best interests of the person in question. The Court must undertake a careful inquiry of the medical opinion on the feasibility of the pregnancy as well as social Page 13 of 21 Downloaded on : Sat Oct 24 03:10:09 IST 2020 R/SCR.A/4578/2020 ORDER circumstances faced by the victim. The Court's decision should be guided by the interest of the victim alone and not those of stakeholders such as guardians or society in general. Apt it would be, to reproduce the observations made in para 19 of the decision, which reads thus -
"19. As evident from its literal description, the 'Best interests' test requires the Court to ascertain the course of action which would serve the best interests of the person in question. In the present setting this means that the Court must undertake a careful inquiry of the medical opinion on the feasibility of the pregnancy as well as social circumstances faced by the victim. It is important to note that the Court's decision should be guided by the interests of the victim alone and not those of other stakeholders such as guardians or society in general. It is evident that the woman in question will need care and assistance which will in turn entail some costs. However, that cannot be a ground for denying the excise of reproductive rights."
Bearing in mind the decision of the Apex Court and keeping the 'Best interests' test as the parameter, in the opinion of this Court, in the present set of circumstances, careful inquiry of the medical opinion on the feasibility of the pregnancy as well as social circumstances faced by the victim, if are considered, this Court is of the opinion that termination of pregnancy requires to be permitted, which is in the best interest of the victim.
It is to be noted that the team of Doctors have on 18th February 2016 submitted report and opined, thus - After reviewing history and detailed Page 14 of 21 Downloaded on : Sat Oct 24 03:10:09 IST 2020 R/SCR.A/4578/2020 ORDER examination, blood reports and sonography done at Civil Hospital, Sola, our opinion is as follow : -
-Psychiatric evaluation suggest patient is not suffering from any psychiatric disorder and patient is psychiatrically fit. Considering involuntary pregnancy and unwillingness of victim to continue pregnancy her mental trauma may increase if pregnancy continues.
- Anesthetic evaluation suggest that slightly more risk of anesthesia if pregnancy will terminated at present.
- Medical and surgical evaluation suggest that if proper nutrition and care is maintained through feeding jejunostomy, there is no physical harm in continuation of pregnancy or termination of pregnancy at present.
- There is same or slight increase risk to victim if pregnancy is terminated before term than physiological normal delivery at term.
- As per MTP Act, termination of pregnancy can be done up to 20 week of pregnancy. At present, patient had 24 week live pregnancy. • If the child will born at present, the chances of survival of new born is very less due to extreme prematurity. But, if it delivers at term there will not increase chance of physical or mental abnormalities or seriously handicapped. Considering all experts opinion continuation of pregnancy will adversely affect her mental status but will not affect her physical Page 15 of 21 Downloaded on : Sat Oct 24 03:10:09 IST 2020 R/SCR.A/4578/2020 ORDER status."
Professor & Head, OBGY Department, GMERS Medical College, Sola, Ahmedabad has opined, thus
-
(1) Pregnancy at present is 24 weeks. As per MTP law, MTP can be carried out only till 20 weeks in said case.
2.However termination can be carried out, if permitted by the Court order in extreme situation considering increased risk of termination at this gestational age in the said situation. As per the opinion of Pediatrician, the child born at this age is not likely to survive due to extreme prematurity. If the opinion of the team of Doctors is taken into consideration, it could be noticed that her mental status will adversely be affected, if pregnancy continues. She, therefore, falls under the criteria set out in the MTP Act. This continuance of pregnancy since involves grave injury to her mental health as her pregnancy being the result of rape, the anguish caused also is to be constituted as a grave injury to the mental health of the victim, and therefore also, termination of pregnancy is permitted.
This Court had noticed, before referring the victim to the team of medical experts, that she is being fed through Rielis tube and except liquid naturally nothing could be provided. Her frail physical and mental health is on account of trauma of rape she underwent and it appears almost an impossibility for her to look after herself. She also attempted suicide when humiliated by the accused. All these Page 16 of 21 Downloaded on : Sat Oct 24 03:10:09 IST 2020 R/SCR.A/4578/2020 ORDER factual circumstances that emerge on record, particularly very young age of the petitioner leads this Court to conclude in favour of grant of her request. Delay in approaching this Court has placed statutory constraints which is because of various grounds narrated chief amongst the same is her poor health and poverty stricken condition ofparents. However, when medical opinion does not indicate this act of termination to risk her life, following the best interest test, request warrants to be acceded to.
Therefore, it is being directed that with best medical facilities available and on ensuring the proper care and supervision, termination of pregnancy shall be carried out. Doctors shall take necessary tissue from the fetus for DNA identification by following scientific practice prescribed by the Standard Medical Practice for DNA identification.
Intimation of this order shall be sent to the Medical Superintendent, Sola Civil Hospital, Ahmedabad forthwith by the registry and a copy of this order shall also be sent to the learned PP for onward communication.
Learned advocate for the petitioner shall also be provided a copy of this Order for follow up action. Let the Medical Superintendent, GMERS Medical College & Hospital, Sola, Ahmedabad apprise this Court, the well being of the victim and for that purpose alone, this matter is listed on 24th February 2016. Direct service to be made forthwith."
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11. This Court, in case of Poojaben Vershibhai Charla (Minor) through Vershibhai @ Varsingh Govindbhai Charla v. State of Gujarat in Special Criminal Application (Direction) No.1681 of 2016 has also dealt with the similar issue and also took note of the decision in the case of Suchita Srivastava v. Chandiagarh Administration, reported in 2009 (3) GLH, 468, and keeping parameters of `Best Interest Test', permitted termination after seeking medical opinion."
5. The Court's decision shall need to be guided in the interest of the victim alone and no one else. Her young age and the trauma and pain caused to her, her mental agony, the socio economical position, impact of the child on her future etc., shall need to be looked into.
6. We are given to understand by the learned PDJ that a request made by the parents of the corpus and she, herself, also has made a request to direct termination of the pregnancy. Although, her consent has no bearing in the eyes of law when parents themselves desire this , more particularly, considering criminal antecedent of the respondent accused. We are of the opinion that a senior expert doctor shall take a DECISION in that regard, bearing in mind all the possibilities as required medically in the best interest of the corpus. The outcome of the procedure of MTP and wellbeing of the corpus shall be reported to this Court within the period of ONE WEEK, from today. It is NEEDLESS to say that all other parameters and necessary tests, which are required to be done before the procedure of MTP is undertaken, shall be done. Thereafter, she shall continue to receive the treatment, for the duration, as may be directed by the concerned expert doctor. The MTP shall be carried by a team of, at least, two Sr. Doctors, who shall decide the length of the treatment to be given to the corpus. Further, Page 18 of 21 Downloaded on : Sat Oct 24 03:10:09 IST 2020 R/SCR.A/4578/2020 ORDER the Superintendent, Guru Govindsinhji Hospital, Jamnagar, shall hand over, in the scientific manner, the tissues drawn from the fetus for DNA identification, to the police/ LCB officials, who shall forward the same to FSL for examination.
7. S.O. to 22ND OCTOBER, 2020.
8. We would like to place on record the concerted efforts put-in by the learned PDJ, Jamnagar, in making the corpus understand her best interest so also his role in bringing solace to the parents of the corpus.
9. Let a copy of this order be GIVEN to the learned APP through EMODE for onward communication and compliance."
5. Today also, the corpus remained present before the Court of learned Principal District Judge, Jamnagar for the purpose of production before this Court. However, due to technological difficulties, video was not functioning,and the conversation with learned Principal District Judge only could be made possible. It is given to understand that the termination was carried out by the team of doctors and the tissues drawn from the fetus has been handed over to the Investigating Officer for the purpose of scientific tests and DNA identification, who shall be forwarding the same to the Page 19 of 21 Downloaded on : Sat Oct 24 03:10:09 IST 2020 R/SCR.A/4578/2020 ORDER Forensic Science Laboratory for examination.
6. The report of Police Inspector, IUCAW Cell dated 22.10.2020 states that the corpus is ready to join her parents after her termination of pregnancy willingly and therefore, her custody shall be handed over by the Kasturba Vikas Gruh to the parents. It is the Welfare Committee of the Kasturba Vikas Gruh which would be deciding about the same.
7. Today such custody having been handed over to the parents who have agreed not to get her married anywhere without her consent and volition, this matter needs to be given the logical end and while so doing, direction for the compensation, interim and final is being given which shall be decided by the District Legal Service Authority so far as the corpus is concerned.
For the purpose of assisting the cause of hers, a lady lawyer would be appointed. The request is made to learned Principal District Judge for the said purpose who along the line of the directions issued by the Apex Court in case of Delhi Domestic Working Women's Forum vs. Union of India and other [(1995) Page 20 of 21 Downloaded on : Sat Oct 24 03:10:09 IST 2020 R/SCR.A/4578/2020 ORDER 1 SCC 14] shall do the handholding till the trial culminates into the judgment.
8. Learned APP at this stage submits that respondent -
accused who also is a convict and has been enlarged on the bail, is already taken in the custody in connection with the present offence, attempts are being made to ensure his cancellation of bail where he is a convict.
9. With this, we deem it appropriate to dispose of this matter with our sincere appreciation for the assistance rendered by learned Principal District Judge, Jamnagar in conducting this matter through video conferencing.
(SONIA GOKANI, J) (NIRZAR S. DESAI,J) MISHRA AMIT V./Bhoomi Page 21 of 21 Downloaded on : Sat Oct 24 03:10:09 IST 2020