Delhi HC gives infant's custody to biological father who faces charges of raping minor
Nov 15, 2021
New Delhi [India], November 15 : The Delhi High Court has handed over the custody of a baby boy to his biological father, who is accused of raping a minor, observing that the boy cannot be permitted to be languishing in the woman shelter home along with the victim.
Justice Mukta Gupta said, "Considering the fact that the baby boy cannot be permitted to be languishing in the woman shelter home along with the prosecutrix, custody of the baby boy has been handed over to the petitioner, who is his biological father."
The parents of the accused - petitioner, who were also present in the courtroom, stated that they will take adequate care of the child.
The victim, who is a minor, will be lodged in the woman shelter home 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, the court clarified.
The victim stated before the court that the baby boy born on August 8, 2021, will be handed over to the petitioner, who is the biological father of the child and that she is willing to live in the shelter home but would not like to live with her parents.
According to FIR, the girl, who was studying in 9th standard, went missing on March 25, 2021.
After registration of FIR, efforts were made to trace the victim who was recovered on April 15, 2021. The victim was medically examined when she was found to be five months pregnant.
The accused, who had earlier surrendered before the police, had moved his bail application, which was allowed on September 28. While granting bail, the court said that one of the major issues before the Court was the custody of the baby boy.
The court noted that the relationship between the petitioner and prosecutrix was not to the liking to her family members and they have given away the child to the brother's friend in adoption, which fact is though refuted by the complainant and her family members.
The court said that undoubtedly, the prosecutrix is a minor at this stage and she cannot be permitted to live in the company of the petitioner.
