A girl isn't a property that could be donated said Justice while hearing the bail application of the accused in sexual assault of a 17-year-old girl. The Bombay High Court's Aurangabad Bench took significant offence to the conduct of a parent "donating" his daughter to a baba.
Justice Vibha Kankanwadi was hearing a bail application from two men named Shankeshwar alias Shambhu Dhakne and Sopan Dhakne, who were accused of raping a juvenile.
"When the girl, according to her own admission, is a minor, why should the child's father, who is her legal guardian, give her the name Daan? A girl is not a property which can be given in donation," she said.
Girl Not A Property: Court
- The two bail applicants were accused of sexually assaulting a minor girl who lived with her father on the temple grounds where a Baba and his disciples stayed.
- According to the applicants' plea, the girl filed the case against them while under the influence of the 'Baba' who lived with the girl and her father.
- The baba and his disciples are alleged to have consumed narcotic and intoxicating drugs and enlisted the help of rural kids in doing so.
- The affidavit stated that the girl's father had given up the girl for adoption to the Baba in 2018, who had signed the affidavit, after the girl's mother died.
- The affidavit claimed that a valid adoption deed had not been executed and that the process had yet to be followed.
- The father's lawyer also couldn't explain why a paper dubbed "Danpatra" was signed.
Meanwhile, according to the prosecution, the girl filed a police report and a FIR was filed under the Indian Penal Code and the Protection of Children from Sexual Offences (POCSO) Act after the accused offended her modesty and raped her.
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- Justice Kankanwadi voiced concern about the little girl's future in light of these developments. "In light of such evidence, (the Court) cannot close its eyes," the judge remarked.
- During the hearing, Justice Kankanwadi learned of the unsettling information that the girl's father had signed a 'Danpatra' (gift deed) with a baba, and that the kanyadan (female donation) was done in the name of God.
- Justice Kankanwadi granted bail to both accused based on the fact that the chargesheet had been filed, implying that the investigation was complete and that the applicants did not need to be held in custody.
- When the Court learned of the donation deed during the hearing, the Court asked the survivor's father to clarify his position on an affidavit. "A girl is not a commodity that may be offered as a gift " the Justice made a statement.
- After careful deliberation, the Court determined that the individual who filed the affidavit was not the same person named in the chargesheet as the survivor's father.
Furthermore, it was stated that the community had a Gram Sabha when it was decided to remove the Baba, his disciples, and the survivor from the temple premises because he was influencing the youngsters to use narcotic substances. They said they were wrongfully accused in the case because they voted in favour of the Baba's removal.
The Child Welfare Committee (CWC) was ordered by the Court to "conduct a speedy inquiry in respect of the girl and determine whether she is a fit person to be declared as a child in need of care and protection." The CWC presented its findings on January 21, 2022, and the case will be heard again on February 4, 2022.
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