Dispute over infant of rape victim

● Jahabdeen Mohamed Parshan was the accused who raped and impregnated the 14 year old 

● The lawyer submitted that the male infant delivered by the girl had been separated from her and entrusted to the care of a Children’s Home on the report

By Upali Ananda

A petition was filed by the grandparents of an infant child delivered by a 14 year girl, a victim of rape,challenging the decision to hand over the child to the suspect in the rape case who is a liquor and
Ganja addict.

When the petition came up for hearing before Kebithigollewa Actg. District Judge Dilicia Dissanayake.

Mohamadu Rashaq Subhani, Mohamed Jamal Mohamed Sulfi and Mohammadu Sulfi Fathima Subha of Kiulekada in Horowpathana, had cited Jahabdeen Mohamed Parshan, and Sahabdeen Nurjan of Galenbindunuwewa, Kebithigollewa Probation Officer Susantha Ekanayake, and North Central Province Commissioner of Probation Suritha Perera as respondents to the petition.

Attorney at Law Ranga Sujeewa Weerasena who supported the petition told court that the second respondent to the petition Jahabdeen Mohmed Parshan was the accused who raped and impregnatedthe 14 year old daughter of the first and the second of the petitioners. 

He stated that the case against the second respondent was pending in Kebithigollewa magistrate’s court.

The lawyer submitted that the male infant delivered by the girl had been separated from her and entrusted to the care of a Children’s Home on the report of Kebithigollewa Probation Officer who made a subsequent report through a motion requesting the child to be handed over to the accused in
the rape case who is a liquor and Ganja addict too. 

The court had upheld the report and ordered the handing over of the child to the accused without informing the child’s mother and the grandparents.

The lawyer pointed out that the right of the child to the care and protection of his mother and breast feeding had been denied to him. He requested court to order the Commissioner of Probation, North Central Province to submit a report on the circumstance that led to the handing over of the child firstto the Children’s Home and then to the accused in the rape case based on the report of the Kebithigollewa Probation Officer. 

He requested court to issue an interim order to hand over the child to the petitioners and to order the legal possession and the physical guardianship of the child to the petitioners on the final decision.