The Madras High Court has criticised the police for not taking timely action for rescuing a girl who was allegedly abducted by her cousin who later married her following which her brother committed suicide last year.
A division bench comprising justices S Nagamuthu and V Bharathidasan, which passed the orders on Thursday on a habeas corpus petition filed by the girl’s father, held that the parents’ of the girl too were victims in the case and were entitled to compensation of Rs 50,000.
The girl was reportedly a minor when she was allegedly abducted by the petitioner’s nephew in Krishnagiri district following which a complaint was lodged with police on November 18 last year.
The petitioner had moved the court alleging that no effective steps were taken by police to trace his daughter.
Chiding the police inspector, who was present, senior judge, Justice Nagamuthu said, “You will not take action and allow the people to become major in the meantime and then produce them before the court…. if you had taken action immediately one precious life may have been saved.”
The girl, who was produced in court on July 28, told the bench that she married her cousin at a temple in Palani on January 15 and that she was soon going to give birth to a child. She said she would like to live with the person she married, but her husband was arrested and remanded in judicial custody in connection with the case.
The police inspector, who was present, submitted that the case would be altered to one under the provisions of The Protection of Children from Sexual Offences Act,2012.
Terming it as an unfortunate case, the bench said, “We cannot compel the detenue to return to her parental home as she wants to go back to her husband. Therefore ,we set her at liberty to choose her own way of life as she is a major as on date having freedom to decide about her future.”
The bench directed police to lodge her at the government aided ‘Nambikai Natchathiram’ Home at Hosur Town, Krishnagiri district, till her husband was released from prison.
Referring to the plight of the girl’s parents, who lost their son studying in the eighth standard as he committed suicide, the judges said the parents were also victims in this case, “because they have suffered loss of their son which is the result of above crime and suffered injury.”
“Here we want to clarify that injury does not indicate only physical injury alone as it includes injury of the mind also. In such view of the matter, we hold that the petitioner is entitled for compensation under the Tamil Nadu Victim Compensation Scheme.” .
From Agencies, Feature image courtesy makemytrip.com
