Court No. - 67
Case :- CRIMINAL REVISION No. - 2408 of 2018 Revisionist :- Kishan Lal Opposite Party :- State Of U.P. And 3 Others Counsel for Revisionist :- Dhiresh Kumar,Vikram Tiwari Counsel for Opposite Party :- G.A.,Abhay Raj Singh Hon'ble Rahul Chaturvedi,J.
In compliance of the earlier order of this Court dated 09.01.2019, Ms. Lakshmi is present before this Court along with her baby, which is brought by S.I.-Nitin Sharma, and Lady Constable- Shushma from Rajkiya Mahila Sharanalaya, Bareilly. The lady was duly identified by the counsel for the revisionist.
Learned counsel for the revisionist submitted that pursuant to the FIR lodged by one Pramod Kumar, father of the girl on 26.12.2017 referring to the incident which is said to have been taken place on 24.12.2017 against one Indira. This FIR came into existence under Sections 363, 366 and Section 4 POCSO Act mentioning therein that the age of the girl is around 14 years. It is further submitted mentioned in the FIR that the girl was fled away after taking Rs. 30,000/- from her residence and was not return back. Ultimately the girl was recovered on 16.04.2018 and she was put for her 164 Cr.P.C. statement which is annexed as Annexure-5 to the affidavit accompanying the Crl. Revision on 18.04.2018 prior to this the applicant Kishan Lal and the victim approached this Court by means of Crl. Misc. Writ Petition No. 15555 of 2018, the Division Bench of this Court has protected the interest of the applicants. Thereafter the girl was put before Bal Kalyan Samiti, Bareilly, who was strange impugned order on 01.05.2018 has sent her to "Rajkiya Mahila Sharanalaya, Bareilly" holding therein that the age of the girl is 12 years. As mentioned above that the father of the girl has discloed the age of his daughter as 14 years and this Bal Kalyan Samiti, Bareilly after determining her age as 12 years send her to "Samiti" relying upon some certificate issued by Principal, Gayatri Devi Primary School, Gaini, Bareilly. But the fact remains that after her ossification test/ radiological report received today, the CMO, Bareilly has computed her age as 19 years. The report of CMO dated 22.12.2019 is taken on record. It is strange, that in 164 Cr.P.C. she has put thumb impression and submitted that she is completely illiterate lady. Moreover sending the girl to the Rajkiya Mahila Sharanalaya, Bareilly without taking into account her wish and desire was deprecated by this Court in number of decisions. Reliance has been placed in Smt. Raj Kumar Vs. Superintendent, Women Protection House and others, reported in 1997 ACR 350, Smt. Parwati Devi Vs. State of U.P. reported in 1981 ACR 440 and the latest judgment in the case of Smt. Renu Maurya and anothers Vs. State of U.P. and another reported in 2014 (86) ACC 128 in which it has been held that the detention is a infringement of fundamental right who was forced to live in Naari Niketan against her wish and desire in protection home that too by a judicial order. What is most disturbing aspect of the issue, is, the victim was thrusted to alleged Rajkiya Mahila Sharanalaya, Bareilly is that, when this Samiti sent the victim to alleged "Sharanalaya", she was on the faulty way and ultimately, she gave a birth to a baby in the month of December 2018 in a destitute condition at Sharanalaya and stone hearted father (the informant) has made no efforts to get his daughter bailed out from the boundaries of alleged "Sharanalaya, Bareilly". The victim was put certain questionnaires by the Court, which was jotted down before he and forms the part of this order. She gave candid reply of the same after putting her thump impression over it.
Learned AGA has tried their level best to defend the onus of Bal Kalyan Samiti, Bareilly dated 01.05.2018 but in vein.
Keeping in view her wish and desire that the girl wants to go with her husband Kishan Lal (revisionist).
The present revision is allowed and the girl Ms. Lakshmi is set at liberty to be released from Rajkiya Mahila Sharanalaya, Bareily forthwith. The impugned order dated 01.05.2018 passed by Bal Kalyan Samiti, Bareilly is hereby quashed.
There is however no order as to costs.
Order Date :- 23.1.2019/Abhishek Sri.