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2016 DIGILAW 1212 (RAJ)

Nanda Singh Rawat S/o Kesar Singh Rawat v. State of Rajasthan through the Secretary, Home Department, Government of Rajasthan, Jaipur

2016-08-23

P.K.LOHRA

body2016
ORDER P.K. Lohra, J. Petitioners have filed this criminal misc. petition under Section 482 Cr.P.C. for seeking direction against the Investigating Agency to conduct fair and impartial investigation pursuant to FIR No.97/2015, registered at Police Station Badnore, District Bhilwara. 2. In the FIR aforesaid, the allegations are made against accused Raju S/o Bada Singh and other individuals that they abducted the daughter of both the petitioners. The Police started investigation in the matter against accused persons for offence under Sections 363 and 366A IPC. Finally, the girl was traced out and produced before the Court by the Investigating Officer on 19.08.2016. 3. As there was some dispute about the age of the victim, Ms. Lehri, it was ordered that she may be medically examined by a duly constituted Medical Board. It was further ordered that her statement be recorded under Section 164 Cr.P.C. All these directions were issued after confiding with the girl Ms. Lehri during camera trial when she has divulged the information to the Court that she had gone with accused Raju at her will and got married with him. She has further informed the Court that out of her wedlock with Raju, a child is also born. While ordering for her medical examination, Investigating Officer was asked to lodge Ms. Lehri with Balika Sudhar Grah, Jodhpur. 4. Today, Ms. Lehri, accompanying Investigating Officer, is present before the Court. 5. Learned Public Prosecutor has brought to my notice the statement of the girl, Ms. Lehri, recorded by Chief Judicial Magistrate, Jodhpur Metropolitan as well as her medical report prepared by the Medical Board. In her statement under Section 164 Cr.P.C., Ms. Lehri has very candidly admitted that she had gone out of her own volition with Raju Singh and she has also entered into matrimony with Raju and both are living as spouses for last about a year. A fact, that a child is also born out of wedlock is also clearly ascertainable from her deposition under Section 164 Cr.P.C. Apart from her statement under Section 164 Cr.P.C., the medical report also suggests that the age of Ms. Lehri is between 20 to 22 years. 6. Learned counsel for the petitioner, at this stage, has submitted that the school record of Ms. Lehri shows that she is minor and therefore, the certificate of the school is to be given due credence. 7. Lehri is between 20 to 22 years. 6. Learned counsel for the petitioner, at this stage, has submitted that the school record of Ms. Lehri shows that she is minor and therefore, the certificate of the school is to be given due credence. 7. Taking into account the fact that medical report has shown her age to be 20 to 22 years and further, she has also very candidly admitted that she has entered into matrimony with Raju, who is named as accused, and out of wedlock a child is born, in my opinion, the school certificate, which is a Transfer Certificate, cannot be given credence over and above the medical report and other factors. Therefore, no specific directions are required to be given in this petition to the Investigating Agency for conducting any investigation in the matter pursuant to impugned FIR. The Investigating Agency is directed to provide adequate security to Ms.Lehri and her husband for their smooth passage to their place of residence. A copy of the statement of Ms. Lehri under Section 164 Cr.P.C. be provided to the learned Public Prosecutor. Resultantly, there is no force in the petition and same is hereby dismissed.