p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(Crl.) No.161 of 2025 Satyabhama Sahoo and another …. Petitioners Mr. Ramakanta Sarangi, Advocate -Versus- State of Odisha and others …. Opposite Parties Mrs. Suman Pattanayak, AGA CORAM: HON’ BLE THE CHIEF JUSTICE AND HON’BLE MR. JUSTICE MURAHARI SRI RAMAN Order No. ORDER 09.01.2026 03. 1. It is one of the sordid state of affairs that a minor girl is allegedly kidnapped and subjected to sexual abuse and could not be traced for a considerable period of time despite the parents having approached the police station. 2. The instant writ petition in the nature of Habeas Corpus is filed obviously perceiving apathetic attitude of the police officials in not activating the process of law and retrieving the daughter from the clutches of those evils. The orders/directions were passed in the instant writ petition obviously to remind the solemn duty cast upon the police officials, which yielded the fruitful result as the minor p. 2 daughter of the petitioners has been rescued and was placed before the Child Welfare Committee, Khurda (for short, „CWC‟). She had undergone the medical examination and was found to carry an embryo in her womb. Immediately, after taking her for medical examination and having received the report from the medical officer, the case under various Sections of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, „BNSS‟) and the Protection of Children from Sexual Offences Act, 2012 (for short, „POCSO‟) has been registered. Her statement was also recorded under Section 183 of the BNSS by the jurisdictional Magistrate and the perpetrator of such offences has already been apprehended on 27th December, 2025. 3. The moment, the minor girl is evidently found to have been subjected to sexual abuse, not only an offence under the POCSO Act is prima facie established but such child being the victim of such offence is regarded as a “child in need of care and protection”. In a civilized society, there is no room for the children to experience such evil act and the Legislators have legislated the special law relating to any offence committed upon the children. Such law which now in place should be given a full effect and the perpetrator of an offence under any provisions of the said special law not only be punished but p. 3 the victim should also be protected under the umbrella of a system and being a child in need of care and protection be extended all the treatment, the facilities and/or the support as provided in the Juvenile Justice (Care and Protection of Children) Act, 2015 (for short, „the JJ Act‟). 4. 4. The concept of Restorative Justice as opposed to Retributive Justice is ingrained and inhered into the Juvenile Justice system and the process of rehabilitation and/or reintegration should immediately be activated keeping in mind the principles incorporated under Section 3 of the JJ Act. We are conscious that the institutionalization of a child should be the last resort but the welfare of the child, the safety and security, the social aspect and the other allied factors are also to be borne in mind before any final decision is taken by the Child Welfare Committee. 5. We have been given to understand that the child was produced before the CWC and obviously after observing and/or rigorously taking into account the provisions of the said JJ Act, she has been kept in a safe home in anticipation of a further report to be submitted to the said Committee. There is no fetter on the part of the parents to approach the CWC for any directions/orders and it is open to the said p. 4 Committee to pass necessary direction in the welfare of the child, who is in need of care and protection. 6. Since the child has already been rescued and is in the custody of the Child Welfare Committee, it would not subserve any purpose to direct the physical appearance of the said child, who is reportedly carrying an embryo in her womb and, therefore, we do not pass any such order in the instant writ petition. As the child cannot be said to be in unauthorised and illegal custody, we do not find any justification in passing any order or keeping the instant petition alive. 7. The instant writ petition is, thus, disposed of. 8. The letter dated 8th January, 2026 of the IIC, Capital P.S., Bhubaneswar produced in Court today by the learned Additional Government Advocate is taken on record. (Harish Tandon) Chief Justice (M.S. Raman) Judge M. Panda Signed by: MRUTYUNJAYA PANDA Reason: Authentication of Orissa, Cuttack 19:15:37 Signature Not Verified