SANDEEP MEHTA, J. - (1.) The instant habeas corpus writ petition was preferred by the petitioner Mst. 'D', the alleged detenue against her illegal confinement at the Balika Gruh, Jodhpur despite having attained the age of majority.
(2.) The matter came up for consideration on 08.08.2019 and the court was apprised by the petitioner's counsel that the Child Welfare Committee, Pali (hereinafter referred to as 'CWC, Pali') was deliberately sitting tight over the matter and had failed to pass a lawful order regarding the future course of action qua the petitioner. Thereupon, we directed the CWC, Pali to forthwith pass an appropriate order regarding the future of the girl in light of the school record. Considering the gross and undue delay occasioned in deciding the matter, the Chairperson of the CWC, Pali was directed to remain present on the next date of hearing, which was fixed as 20.08.2019.
(3.) On 20.08.2019, Mr. Durga Ram Arya, Chairperson, CWC, Pali appeared in the court and the following order was passed in his presence :- "Shri Jawarilal, being the father of the petitioner, lodged a Missing Person Report No.16/2018 on 13.07.2018 at Police Station Sojat City, District Pali alleging that his daughter Deepika had gone away from his house carrying her Aadhar Card and educational documents with herself. It is specifically mentioned in the report that the girl's age was 19 years. At a later point of time, a case (FIR No.197/2018) for offences under Sections 363 and 366-A IPC and that under Sections 16 and 17 of the POCSO Act came to be registered against the respondent No.4 Prakash. The girl was traced out in September, 2018 and was lodged at the Balika Gruh, Jodhpur under the direction of CWP Pali. As per the original record, the officials of the Balika Gruh, Jodhpur forwarded repeated communications to the Child Welfare Committee ('CWC') Pali to pass appropriate directions for the rehabilitation/welfare of the girl. However, no steps were taken in this regard as per the mandate of the Juvenile Justice Act, 2015. In the intervening period, the girl was summoned to give evidence in Sessions Case No.339/18 registered against the said Prakash. Her statement was recorded on 17.05.2019 wherein she has affirmatively stated that her date of birth is 17.02.2000. She denied that she had been subjected to sexual assault by the alleged accused.;