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Smt. Ganpati vs State of Rajasthan

Rajasthan High Court · Decided on 6 January 2000 · Citation: (2000) 3 WLN 177

HON’BLE JUDGES
Bhagwati Prasad, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 164
RESULT
Allowed
CASE NUMBER
Criminal Revision Petition No. 899 of 1999
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Judgment

6 paragraphs · 358 words

Bhagwati Prasad, J.—Heard the learned Counsel for the parties.

2.

The learned Counsel for the petitioner submitted statement of petitioner u/s 164 Cr.P.C. and medical certificate. According to the medical certificate issued by the Medical Jurist, Mahatma Gandhi Hospital, Jodhpur, the girl is said to be 18-19 years of age. A copy of this certificate has been served upon the counsel for the State. The learned Counsel for the State has also been served a copy of the statement u/s 164 Cr.P.C. In the statement, she stated her age to be 19 years. She stated that she is not willing to go with her father. She also controverted the stand of her father that she has been eloped by Ghanshyam. She further stated in her statement that there had been no coercion and force used on her.

3.

In view of the statement of the girl, Smt. Ganpati u/s 164 Cr.P.C. and the certificate of Medical Jurist, this Court feels that girl has attained the age of discretion. As and when, a girl attains the age of discretion, then any order sending her to Nari Niketan is an order which appears to be unjustified. Neither, she is an accused nor she is likely to be a witness to support the prosecution. Her statement runs contrary to the prosecution story as given in the first information report.

4.

In this view of the matter, the petitioner cannot be kept in Nari Niketan. This Court has already taken a view in the case of Smt. Radha Devi v. State S.B. Cr. Revision No. 467/99 decided on 9th July, 1999 wherein a reliance has been place on a Supreme Court Decision reported in 1976 CAr 171 (S.C.) Gian Devi v. The Superintendent, Nari Niketan, Delhi.

5.

In view of the above, the order impugned dated 14.12.1999 is set aside. The learned Public Prosecutor is directed to intimate the Superintendent, Nari Niketan, Jaipur to immediately send girl to the Magistrate at Jaitaran. The learned Magistrate will see that the girl is escorted to the place where she wants to go with police scorts.

6.

With these observations, the revision petition is allowed.