Orissa High Court Criticizes Police Inaction in Minor's Kidnapping Case
The Orissa High Court has voiced strong concern over police delays in tracing a 17-year-old girl who was allegedly kidnapped and sexually abused. The court described the situation as "one of the sordid state of affairs," highlighting the urgent need for prompt action in such sensitive cases.
Court's Stern Observations During Habeas Corpus Petition
A division bench comprising Chief Justice Harish Tandon and Justice M S Raman made these remarks while disposing of a habeas corpus petition. The girl was eventually rescued from Karnataka and presented before the Child Welfare Committee in Khurda.
The parents had filed the petition on November 25, 2025, alleging police apathy in activating legal processes to find their daughter who had been missing since August 29, 2025. Advocate Ramakanta Sarangi represented the petitioners in this crucial case.
Successful Recovery and Disturbing Findings
In its January 9 order, the court noted that judicial directions "yielded the fruitful result" of recovering the child on December 27, 2025. Following her rescue, medical examination revealed the girl was pregnant, carrying an embryo in her womb.
The judges emphasized that when a minor suffers sexual abuse, not only does it establish offenses under the Pocso Act, but the victim automatically becomes a "child in need of care and protection" under Indian law.
Court's Emphasis on Rehabilitation Over Punishment
The bench stressed that while perpetrators must face punishment, the girl requires comprehensive protection through structured support systems under the Juvenile Justice Act, 2015. The court highlighted the philosophy of "restorative justice as opposed to retributive justice" embedded in juvenile justice systems.
This approach demands immediate rehabilitation and reintegration measures as outlined in Section 3 of the Act, focusing on the child's recovery and future wellbeing rather than mere legal retribution.
Legal Proceedings and Current Status
Based on medical reports, police registered a case under relevant provisions of the BNSS and Pocso Act, 2012. The jurisdictional magistrate recorded the girl's statement under Section 183 of BNSS, and authorities apprehended the perpetrator on December 27, 2025.
The court confirmed the girl wasn't in unauthorized custody, noting the Child Welfare Committee had placed her in a safe house after considering welfare, safety, and social factors. The parents retain the right to approach the committee for appropriate directions regarding their daughter's care.
The order, which carries significant implications for child protection cases, was officially uploaded on January 13, serving as a reminder of judicial responsibilities toward vulnerable minors.
