Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 25848 of 2019 Petitioner :- Shalini And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Jai Singh Yadav Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the petitioners; learned AGA for respondents 1 and 2; and perused the record.
The instant petition seeks quashing of the first information report dated 8th November, 2019 registered as Case Crime No.365 of 2019, under Sections 363 and 366 IPC at Police Station Baniyather, District Sambhal.
The allegation in the impugned first information report is to the effect that informant's daughter, who is aged 15 years, has been enticed away by the petitioner.
It appears from the record that the victim was recovered and her statement was recorded under Section 164 CrPC. In her statement, recorded under Section 164 CrPC, on 16th November, 2019, the victim has alleged that she has been sexually assaulted by the petitioner. She has also stated that she has studied up to class-V though she is not aware of her date of birth.
This petition has been filed by the victim and the petitioner (accused). The learned counsel for the petitioner claims that now the victim wants to change her statement as her earlier statement has been recorded under pressure of her parents. It is also submitted that the victim on medical examination was found adult.
Be that as it may, the age of the victim is to be determined as per provisions of Section 94 of Juvenile Justice Care and Protection Act, 2015, which does not accord precedence of medical report over educational certificates. As the victim has admittedly studied up to class-V, her age could be determined by taking into account her date of birth recorded in her educational certificate. Even otherwise, the victim cannot be allowed to change her statement at the drop of a hat. If she is produced as a witness, she is free to speak whatever she wants in the court but on the grounds taken, the first information report cannot be quashed.
The petition is dismissed.
Order Date :- 18.12.2019. Rks.