RC. No. CWC/PRK/0709/14 dated 7th Sep 2014
The Investigation Officer,
East Godavari Dist
As you know very well that the Child Welfare Committee is also a court for the disposal of the cases of children below 18 years which is established by the Govt. of India under Sec 29(5) of Juvenile Justice (Care & Protection of Children) Act 2000, amend 2006. And this is to inform you that all the members in this committee are said to be a bench of magistrates with the powers of First Class Judicial Magistrates. Further, you know very well that, the committee has been equipped with the powers to facilitate the children in need of Care and Protection in terms of their development, care, treatment and rehabilitation under Sec 31 (2) of JJ Act 2000 r/w 2006.
Whereas the CWC is hereby examined the request letter submitted by you with Ref No. Cr,no:127/2011 vide PRC No: 35/12 and SC No:343/2013 Dated:6th Sep 2014 which denoted that the victim child Divya, D/o. Ram babu aged 16 years belong to Kovvada Village Kakinada Rural Mandal of East Godavari Dist is to be produced before Honorable Magistrate of Fist Addl Session Judge court, KAKINADA to depose her witness in Cr. No 127/2011 filed in your Police Station.
The CWC is hereby handing over the said child victim as per your request letter for producing her before said court for her witness in above mentioned case. But, the CWC is hereby strictly instructed you to produce the victim child before CWC of East Godavari district immediately after taking away the girl from here so as to refer the girl for a safe custody before producing her before honorable court tomorrow for her witness. It is further instructed you to protect the rights of the victim child as per JJ Act, 2000, amend 2006 through the below mentioned protection measures:
1. Submit request letter to concerned court for In-Camera trail of the victim girl during her deposition in Hon’ble court.
2. The victim girl should be facilitated for mock trial by concerned PP before her witness in the court and she should not be prosecuted in public court under any circumstances.
3. Proper protection measures must be taken by you from her grandmother and the culprits/perpetrators in this case. Because, her grandmother and an advocate approached the girl who is at Asha Sadan shelter Home for her rehabilitation and threatened her severely for not giving her witness against the offenders of this case and offered money to the girl.
Hence, the CWC is hereby instructed to take the assistance of Legal Probation Officer of Dist Child Protection Unit of East Godavari through DCPO to take all necessary assistance in this case under JJ Act, 2000 amend 2006.
Given under my hand and the seal of Child Welfare Committee dated this 7th Sep 2014
Cc: To The PP, Hon’ble Magistrate 1ST Addl Asst Sessions Judge Court, Kakinada EG District
To The Superintend of Police, East Godavari District
To the Chairperson, Child Welfare Committee, East Godavari dist
To The Dist Child Protection Officer, Dist Child Protection Unit, Dept of WD&CW, East Godavari Dist