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Delhi High Court orders handing over of child born after rape of minor girl to father

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The Delhi High Court has directed the handing over of a child born out of a relationship with a minor girl to her biological father, who is facing rape charges after the girl’s consent. The High Court held that the child cannot be allowed to stay in the women’s shelter home where his mother resides.

The High Court said that the girl is still a minor and she cannot be allowed to live with the person concerned. It also said that she would be kept in a shelter home till she attains majority and after that she would be free to live wherever she wanted.

Justice Mukta Gupta passed the order after the girl present in the court asked that the child born on August 8 be handed over to the person who is the biological father of the child. The girl said that she is ready to stay in the shelter home and does not want to live with her parents. The parents of the accused person also told the court that they would take adequate care of the child.

The court held that the girl’s family was against the relationship between her and the man and they had given the child to someone who was adoptive. However, the girl’s parents had denied the adoption of the child.

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The High Court had on September 28 granted bail to the accused in the rape and kidnapping case registered against the man by the girl’s parents. However, the court said that one of the major issues before the court was the protection of the child born in August this year.

The FIR was registered on the complaint of the girl’s mother, who stated that her daughter, who was studying in Class IX, had gone to school on March 21 this year, but did not return and was suspected of being abducted. The girl was traced on April 15 and on medical examination she was found to be five months pregnant.

In her statement to the police, the girl had said that after an altercation with her sister-in-law, she had left the house without informing anyone and did not know how she got pregnant. However, when the matter reached the High Court for the bail of the accused, the girl told the court that it was a mutually consensual relationship and they had married each other by consent.

The court had earlier held that undoubtedly, the consent of the accuser was not relevant to the relationship as she was a minor. The court had said that at this stage it has to consider the welfare of both the prosecutor and the child.

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