Welfare officer appointed as Guardian ad litem of a minor girl raped by her brother

Delhi High Court: While deciding over a plea filed under Article 226, the Court
ordered that custody of a 16-year-old girl, who was allegedly raped by her
brother, be given to her father and has appointed a welfare officer as Guardian
ad litem (GAL) to look after her. When the bench asked the girl, who was
present in the court along with her counsel, whether she wanted to join her
parents or not, she expressed her desire to join them.

A division bench comprising of G S
Sistani and Sangita Dhingra Sehgal JJ. was hearing a plea filed by the
petitioner seeking a direction to Delhi
government to release her daughter from Paripurna Jeevan Shelter Home and
produce her before the court and grant him her custody being the natural guardian.
In the petition, he alleged that his daughter was in wrongful confinement and
custody of Paripurna Jeevan Shelter Home as per an order passed by the Child
Welfare Committee constituted by the National Capital Territory of Delhi. The
girl in her complaint has alleged that her own brother has allegedly raped her
and after being produced before the Child Welfare Committee in March, she was
directed to be housed at Paripoorna Jeevan Homes for Girls and subsequently her
brother was arrested.

The bench took into regard the
guidelines for recording of evidence of vulnerable witnesses in criminal
matters, appointed welfare officer Somy Harshan as the GAL. It directed
Guardian ad litem to approach the Delhi High Court Legal Aid Society for legal
assistance for the minor girl. To assess the wellbeing of the girl at her
house, the bench directed the woman assistant sub-inspector of Chanakyapuri
police station to visit her house once in 15 days for a period of two months
and report to the SHO in case it is found that the minor is being harassed. [Arsheeran Bahmeech v. State (Government of NCT
of Delhi), 2015
SCC OnLine Del
12673, decided on 7-10-2015]
Source: Legal news India

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