Delhi High Court Takes Suo Motu Cognizance Of Minor's Rape Allegedly By Delhi Govt's WCD Official

The Delhi High Court on Monday took suo motu cognizance of a minor girl's rape allegedly by an official of Delhi government’s Women and Child Development Department.

Premoday Khakha is accused of raping the minor over several months and impregnating her. He and his wife have been arrested by the Delhi Police. The allegation against the wife is that she gave abortion pills to the minor child.

A division bench of Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula took suo motu cognizance and asked the Delhi Police to ensure that the identity of the minor child is protected and not revealed in any manner.

The Delhi Police informed the Court that the health condition of the child victim, who is presently admitted in a hospital in the national capital, is critical and that she had seizure even yesterday.

The bench has sought a status report from the Delhi Police and Delhi Government’s Women and Child Development Department and listed the matter for hearing on September 14.

The counsel appearing for National Commission for Protection of Child Rights told the court that the body has taken cognizance of the incident and that it will also file a response in the matter.

Khakha and his wife have been booked under the Indian Penal Code and the POSCO Act. Before his arrest, Khakha was suspended from his post following a direction from Chief Minister Arvind Kejriwal.

As per the Delhi Police, the minor was staying at the residence of Khakha, who was a family friend, after her father passed away in 2020.

Khakha is accused of raping the minor several times between November 2020 and January 2021. Both Khakha and his wife were arrested on August 13.

The FIR has been registered for the offences under Sections 376(2)(f) (being a relative, guardian or teacher of, or a person in a position of trust or authority towards the woman, commits rape on such woman), 509 (word, gesture or act intended to outrage the modesty of a woman), 506 (criminal intimidation), 323 (voluntarily causing hurt), 313 (causing miscarriage without woman’s consent) and 120B (criminal conspiracy). 

Case Title: Court on its own motion v. Department of Women and Child Development and Ors.