Research › Browse › Judgment

Orissa High Court · body

1998 DIGILAW 40 (ORI)

P. AASHRIYA v. STATE OF ORISSA

1998-01-27

P.R.TRIPATHY

body1998
P. R. TRIPATHY, J. ( 1 ) HEARD learned counsel for the petitioner and the learned Addl. Standing Counsel. ( 2 ) PERUSED the order dated 15-9-1997 passed by the learned S. D. J. M. , Bhubaneswar in G. R. Case No. 1122 of 1997 and order dated 15-12-1997 passed by the learned Sessions Judge, Bhubaneswar in Criminal Revision No. 77 of 1997. The accused in the aforesaid G. R. Case has prayed for custody of P. Radha Reddy, the victim girl. ( 3 ) VIDE order dated 15-9-1997, the S. D. J. M. rejected the prayer on the ground that the victim girl is a minor, i. e. below 18 years of age. Learned Sessions Judge has confirmed that order and dismissed the revision. The petitioner has prayed to get the custody of the victim girl inter alia on the ground of her pregnancy. It is also stated that she has become major in the meantime. It is further argued that the victim girl is not willing to go with her parents. ( 4 ) SHE cannot be given in the custody of the petitioner who is the accused in the case on the allegation of kidnapping her besides other allegations if there is a declaration from the side of the accused relating to a valid marriage that matter has to be adjudicated at the time of trial, if any. After the girl attains the age of majority as per law she is at liberty to live anywhere she likes and there shall be no necessity for this Court or any other Court of competent jurisdiction to pass any order for her stay in a particular place unless she would apply for protection. After attaining the age of majority even she can pray to the committal Court or the trial Court for her release from the Tapaswini Short Stay Home and in that respect if satisfied about her attaining the age of majority, the lower Court would pass appropriate order. In that view of the matter, the prayer for interim custody of the victim girl with the accused stands rejected and the Misc. case is dismissed. An authenticated copy of this order be given to the learned counsel for the petitioner on depositing Rs. 50/- in shape of Court-fee. Petition dismissed. .