Wednesday, 4 February 2015

CWC Conducted 164(5) Instructions to Police


PROCEEDINGS
CWC/PRK/0202/2015/Dated 2nd Feb 2015

To,
The Inspector of Police,
Taluk Police Station,
ONGOLE,
Prakasam Dist.

The Child Welfare Committee as per Section 29(5) of the Juvenile Justice (Care & Protection of Children) Act, 2000, amend 2006 is a statutory authority constituted by the Govt. of AP and functioning as a Bench of Magistrates with powers of Judicial Magistrates of the First class.  The Child Welfare Committee (hereinafter CWC) under the Act is the final authority to dispose of cases concerning children (not completed 18 years of age) in need of care and protection in terms of their development, care, treatment and rehabilitation. The CWC is also empowered to inquire into offences committed against children.

Whereas the Child Welfare Committee is hereby came to know that, a minor girl K Uma, aged 15 years D/o Gangireddy belong to Gokavaram village of East Godavari district has been rescued at Anjaiah road – ONGOLE by the Circle Inspector of Police – 1 Town Police Station, ONGOLE during her rounds. She has handed over the girl to CHILDLINE 1098 of ONGOLE who have produced the said girl before CWC on 2nd Feb 2015 under Sec 32 (1) (iii) of Juvenile Justice (Care and Protection of Children) Act, 2000 amend 2006.

The CWC had immediately recorded her statement under Sec 164 (5) Cr PC exercising the powers under Sec 31(2) of JJ (Care & Protection of Children) Act, 2000 amend 2006. As per the statement of the said victim girl the findings of CWC are as below:

-          The girl aged 15 years.
-          The victim girl belong to a poor family belong to said address as above in East Godavari Dist.
-          She has been procured to ONGOLE and joined in a brothel at Annavarappadu by a woman called Sudha belong to Kothapalli village near Gokavaram of East Godavari Dist
-          She underwent rigorous sexual exploitation and physical assault by the perpetrators. 
After recording the statement of the said girl, the CWC has referred her to Bala Sadan ONGOLE for further care and protection services along with basic amenities. While the CWC approached CI of 1 Town PS - ONGOLE for further proceeding with regard to filing the case under relevant sections of child protection, she has stated that, the case comes under the purview of Taluk Police station, ONGOLE and hence requested to approach you for further proceedings in the said case. She further assured her witness in the case as she rescued the said victim girl on her own at the above said place during night patrolling on 2nd early hours Feb 2015.

In this above context, the CWC being a Bench of Magistrates having the powers of final disposal authority of the cases of children below 18 years of age is hereby directed to file a FIR for stringent punishment against the trafficker as per Sections 4(1), 5(1), 6(2), 6(2A), and 7(1A) of ITP Act,  Sec 23, 28 of JJ Act 2000, amend 2006 and Sec 4 of POCSO Act, 2012 and Sec 366, 366A, 367, 370,371,372, 373, 375 and 376 of IPC.

The CWC is further directed you to submit the copy of FIR at an earliest along with the information on action taken against the perpetrators, brothel owner and the above cited woman trafficker Sudha who brought the girl to ONGOLE within a week and submit the status of execution of CWC instructions.

The CWC is further directed the District Child Protection Officer of DCPU to transfer the victim girl to Asha Sadan transit center at Machavaram Village, NG Padu mandal of Prakasam Dist immediately (for rehabilitation and re-integration services along with trauma counseling, skill trainings and for basic amenities) with proper escort and submit the copy of acknowledgment received from the transit centre authorities.

Given under my hand with the seal of CWC dated this 02nd day of Feb 2015.









Encl:
1.      Statement of Victim girl
2.      Placement order

Cc:
1.      The Magistrate, Judicial Magistrate of  First Class, Special Mobile Court, Ongole for info.
2.      The DCPO, DCPU – ONGOLE for execution of above relevant proceedings
3.      The Inspector of Police, SJPU, ONGOLE for follow-up
4.      The Dy Superintendent of Police, ONGOL E, Prakasam Dist for information.


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