SC asks AIIMS for age determination report of girl recovered by Delhi police

New Delhi [India], September 14 : The Supreme Court on Tuesday directed the All India Institute of Medical Sciences (AIIMS) to submit its report on determining the age of a minor girl who had gone missing from Uttar Pradesh since July 8 and recovered earlier this month.
A Bench headed by Justice AM Khanwilkar sought the report from AIIMS on the age determination of the girl by September 17 and further steps will be taken in the matter depending on the report.
The girl was traced to Kolkata and the man who allegedly abducted her was arrested. In the Aadhaar card, girl's age is mentioned as 13 years old but according to her mother she is around 15-16 years old.
During the hearing today, senior advocate KV Viswanathan, who was nominated by the apex court to appear for the girl as she was not represented before it through a counsel, said that the age of the girl has to be determined as the report says pregnancy was detected but ultrasound does not show pregnancy.
He told the Bench that after girl's age is ascertained, then the other issues including Medical Termination of Pregnancy Act issue may arise.
Additional Solicitor General (ASG) R S Suri, who is appearing for Delhi Police, said that the girl had married the man who had allegedly abducted her.
The Bench said, "If the girl is a minor, then the marriage is no marriage at all. We will go into it later."
As ASG said since the pregnancy is stated to be in early stage, abortion could be the best course. The top court replied that it would go into the issue after age determination report is placed before it.
Advocate Pai Amit, appearing for the girl's mother who had filed a petition seeking directions to the UP Police and Delhi Police to trace her daughter, told the apex court that there was a discrepancy regarding her age: girl is saying that she is 17-year-old while as per the mother, she is aged about 15-16.
Last week the apex court had transferred the investigation from the Uttar Pradesh police to the Delhi police on an immediate basis.
On the earlier hearing, the Bench had expressed unhappiness on the failure of the UP Police in tracing the girl and directed the Gorakhpur police to share the entire investigation records with Malviya Nagar Police here of the case.
Later the Delhi police told the apex court that the minor girl has been traced to Kolkata and the alleged kidnapper has been arrested.
The mother of the missing girl had filed the habeas corpus petition in the apex court, to produce the girl before the court, while voicing the apprehension that the girl might be sexually abused or be trafficked into the sex trade. She suspected a Delhi resident to be the kidnapper.
The petitioner, a domestic maid in Delhi, in the plea said that the suspect had been trying to lure and seduce her minor daughter for long and she had lodged a complaint in the Malviya Nagar Police station in Delhi.
An FIR with respect to the missing girl was filed with the Gorakhpur Police and an attempt was made to file a complaint in Delhi as well after she returned to Delhi; however, the petitioner claimed that no action has been taken to bring the minor girl back.
The mother claimed that her daughter was kidnapped while they were visiting her husband's hometown, Gorakhpur in Uttar Pradesh.
The petitioner also claimed that the man had been chasing, luring, and inducing the minor girl to reside with him.