DEHRADUN: The Uttarakhand HC has ordered that an infant girl born to a small rape survivor be obtained from her adoptive parents in Uttar Pradesh and restored to her biological mother.
The instructions came following a petition by the woman, now 21 years old, who informed the court that both she and the implicated, whom she later wed and who is currently serving a 10-year-sentence for rape, want their kid back.
The woman had given birth to the child in February 2019 and the child well-being committee (CWC), with the permission of the survivors parents, had actually then handed over the newborn to a family in Mau, UP.
An FIR against the man had been lodged in the matter on February 26 that year, a day after the woman, 17 years old then, had delivered the child.One and a half year old child passes away after Tantrik throws him to Ground to Heal himDuring trial in the district court, the lady said that she was having an affair with the accused man, who was 22 at that time, from her town and got pregnant.
He had actually assured to marry her but then disappeared .
On August 20, 2020, the unique court of Uttarkashi sentenced the implicated to 10 years in prison after holding him guilty of rape under appropriate areas of the Pocso Act.
In the meantime, the parents of the survivor had actually turned over the kid to CWC on March 12, 2019.
Later, the infant was adopted by a family in Mau.
However things took a remarkable turn after that.First, the lady and the accused together moved the HC looking for short-term bail for the male so that they might marry.
The court allowed that and granted bail for 45 days on August 4, 2021.
After the survivor married the rape implicated, the couple as soon as again approached the HC to get their kid back.
After hearing the matter, the court ordered that the kid be brought back from Mau and returned to the birth parents.
The order was handed down January 30 this year, however a copy was made available only on Wednesday.The court had on January 12 this year asked SSP Uttarkashi to send a report regarding the whereabouts of the toddler, as the mother liked a reunion .
On January 16, when a sub-inspector sent the report, justice Sharad Kumar Sharma got upset and stated, When the court had actually provided a particular instructions to the SSP to submit a report, he could not have entrusted his powers to the sub-inspector.
Expressing annoyance over the insensitive attitude of the SSP and the office of the government advocate, the HC referred the matter to secretary (law) and ordered it to be put prior to the chief minister for suitable action.
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