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2013 DIGILAW 293 (RAJ)

Moola Ram v. State of Rajasthan

2013-02-05

NARENDRA KUMAR JAIN, VEERENDR SINGH SIRADHANA

body2013
JUDGMENT 1. Shri Pushpendra Jhajaria, S.I. and Lady Constable, Ms. Mala, M.P.C. 968 have produced detenue Sita Devi Daughter of Moola Ram, petitioner, who is also present in the Court in person. Detenue Sita Devi Slated her age to be 25 years. 2. The Investigating Officer has also produced the case diary, wherein a certificate is available issued on 26.7.2012 by the Headmaster, Government Primary School, Itawa, Panchayat Samiti, Sambhar Lake, according to which, the date of birth of detenue is 20.6.1997. Sita Dev i was also got medically examined by the Investigating Officer by Medical Board, consisting of three doctors at Government Community Health Centre, Khandela and as per their report dated 3.2.2013, the age of detenue Sita Devi is above 20 years and she is pregnant by four and half months. Opinion of the Medical Board is reproduced as under : "Opinion-After General Physical, Radiological and Dental Examination, the age of Smt. Sita Devi D/o Moola Ram W/o Sayar Mal is above 20 years and she is pregnant." 3. Learned counsel for petitioner submitted that from the certificate obtained by the Investigating Officer, from Primary School, Itawa, Panchayat Samiti, Sambhar Lake, District Jaipur, the date of birth of the detenue is 20.6.1997, therefore, she is about fifteen and half years of age and being minor, custody of detenue should be given to petitioner. 4. We have considered the submissions of learned counsel for the parties. Detenue Sita Devi stated that she is 25 years of age and living with Sandeep @ Sanjeev S/o Shri Ram Bharose, by Caste Jatav, R/o Udaipura Kalan, Itawa, U.P. and she is not in unlawful and illegal detention of Sandeep @ Sanjeev or respondent No. 4 Kana Ram Jat or any other person and she wants to live/go with Sandeep @ Sanjeev, who is also present in the Court. 5. So far as the Certificate issued by the Headmaster, Primary School is concerned, same does not bear any inward number etc. From the appearance of detenue, she appears to be major and from the report of the Medical Board, she is above 20 years of age. At present, she is pregnant by four and half months. 6. In view of these fads and circumstances of the case, we direct that the detenue is free to go anywhere' as per her desire. 7. At present, she is pregnant by four and half months. 6. In view of these fads and circumstances of the case, we direct that the detenue is free to go anywhere' as per her desire. 7. In view of the above, instant habeas corpus petition, is disposed of.Petition disposed of. *******