Kalpana Sarkar vs State Of West Bengal & Ors.

We have perused the report filed on behalf of the Investigating Agency with regard to the steps taken for recovery of the missing girl. Perusal of the

report shows that earlier a criminal case was registered with regard to the kidnapping of the said girl. She was recovered and sent to the Malda

Children Home for Girls vide order dated 19th January, 2017 passed by the Additional Chief Judicial Magistrate, Gangarampur.

It has been stated in the said report that the petitioner who is the grandmother of the victim girl was not permitted to meet her in the said Home.

Subsequently, she was informed that the girl had escaped from the Home. Enquiries in the matter revealed that on 8th March, 2017 at around 03:00

hrs. the victim girl escaped from the Home and a missing diary vide English Bazar P.S. GDE No. 472 dated 8th March, 2017 was registered. The

particulars of the victim girl have also been uploaded on the missing childrens’ portal.

Copy of the admission register book relating to the admission of the girl in the Children Home has also been seized. Over this issue English Bazar

Police Station Case No. 271/18 dated 24th March, 2018 under Sections 363/365 IPC was registered for investigation and the matter was entrusted to

S.I. Giasuddin Ahmed. Investigation revealed that the girl had been seen in Khalpara area under Siliguri police station but inspite of efforts she could

not be traced out.

The facts narrated in the aforesaid report disclose a distressing state of affairs relating to the safe custody of minors in the Children’s Home

and/or management of the said Home. It is a matter of grave concern that although the victim girl had escaped from the home as early as on 8th

March, 2017 no criminal case was registered for more than a year. Such inordinate delay in registering of a criminal case with regard to

escape/disappearance of an inmate from Children Home speak volumes relating to mismanagement and/or callousness on the part of the

administration in that regard.

It is also unclear from the report as to steps taken with regard to interrogation of the personnel managing the Children Home from where the victim

girl had escaped. The gravity of the offence and the sensitivity in the matter relating to safe custody of minors in Children Homes compel us to shift

the investigation in the instant case to a more specialised and effective agency.

Accordingly, the investigation in both the cases namely Gangarampur Police Station Case No. 14 of 2017 under Sections 363/366A/34 IPC as well as

English Bazar Police Station Case No. 271/18 dated 24th March, 2018 under Sections 363/365 IPC are transferred to the Human Trafficking Unit

attached to the Criminal Investigation Department of the police administration. The aforesaid cases shall be investigated by a superior police officer

not lower than the rank of Deputy Superintendent of Police under the supervision of the head of the said unit.

Investigating Agency shall take all necessary steps including interrogation of the office bearers and/or personnel responsible for the administration of

the Children Home and explore all possible sources to trace out the victim girl. Report in this matter shall be submitted by the Head of the Human

Trafficking Unit before this Court on the next date of hearing. Superintendent of Police, Malda shall also submit report as to the reasons why there

was inordinate delay in registering criminal case notwithstanding disappearance of the victim girl from the Children Home a year ago.

Let this matter appear under the same heading on 17th May, 2018. Let photostat plain copy of this order duly countersigned by the Assistant Registrar

(Court) be given to the learned advocate for the parties on usual undertaking.