SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2021 Supreme(Raj) 270

IN THE HIGH COURT OF RAJASTHAN
Sandeep Mehta,Devendra Kachhawaha, JJ.
Sunil @ Ramavtar - Appellant
Versus
State Of Rajasthan & Ors. - Respondents
D.B. Habeas Corpus Petition No. 178/2020
Decided on : 20-01-2021

Advocates appeared:
Mr. Niranjan Lal Joshi, Ms. Kirti Pareek, for the Appellant; Mr. Farzand Ali, GA-cum-AAG, Mr. Abhishek Purohit, Mr. Rakesh Arora, Mr. Manish Rajpurohit, Mr. Rai Singh, SI, PS Sardarshahar, Churu, Smt. Geeta, MFC, for the Respondent.

The determination of the correct date of birth and the appropriate lodging of the corpus till she attains majority.

Headnote:

Habeas Corpus - Date of Birth - The court held that the correct date of birth of the corpus is 02.02.2003 as recorded in the scholar register of Government School No. 11, Sardarshahar, Churu. The order of the Child Welfare Committee concluding the date of birth as 02.08.2005 was set aside. The corpus was directed to be lodged at Balika Ashraya Grah till she attains majority on 02.02.2021.

Fact of the Case:

The court considered conflicting records of the corpus's date of birth and concluded that the correct date of birth is 02.02.2003. The corpus was directed to be lodged at Balika Ashraya Grah till she attains majority on 02.02.2021.

Finding of the Court:

The court found that the date of birth recorded in the scholar register of Government School No. 11, Sardarshahar, Churu, i.e., 02.02.2003, was the correct date of birth. The corpus was directed to be lodged at Balika Ashraya Grah till she attains majority on 02.02.2021. The habeas corpus petition was disposed of accordingly, and the rule was discharged.

Issues: Conflicting records of the corpus's date of birth, determination of the correct date of birth, and the appropriate lodging of the corpus till she attains majority.

Ratio Decidendi: The correct date of birth of the corpus was determined based on the scholar register of Government School No. 11, Sardarshahar, Churu. The corpus was directed to be lodged at Balika Ashraya Grah till she attains majority on 02.02.2021.

Final Decision: The court set aside the order of the Child Welfare Committee and directed that the corpus be lodged at Balika Ashraya Grah till she attains majority on 02.02.2021. The habeas corpus petition was disposed of accordingly, and the rule was discharged.

JUDGMENT

1. The corpus has been produced before us from the Child Care Institution at Churu by Shri Rai Singh, SI, PS Sardarshahar, Churuand Smt. Geeta, MFC, Belt No. 571. We conferred with her "in camera". The Child Welfare Committee has passed an order dated 16.12.2020 concluding that the date of birth of the corpus is 02.08.2005. However, there is available on the case diary, the record pertaining to the first admission of the corpus in the school named, Government School No.11, Sardarshahar which was subsequently merged into a school named, Government Tatia Higher Secondary School, Sardarshahar. As per the scholar register of the relevant period, the corpus was got admitted in the first standard of the said school on 14.07.2009 and her date of birth was recorded as 02.02.2003 at SI. No. 1662 of the scholar register. In the subsequent years, there is a shift in as much as the date of birth of the corpus has been altered to 02.08.2005. However, there is no material to satisfy us as to why this change in date of birth was made. Considering the fact that the entry pertaining to the initial admission of a child in the school has primacy and as by physical appearance also, the corpus appears to be well built and mature, we hereby hold that the correct date of birth of the corpus Mst. 'IT is 02.02.2003 as recorded in the scholar register of Government School No. 11, Sardarshahar, Churu. Thus, the order dated 16.12.2020 passed by the Child Welfare Committee, Churu is set aside.

2. Even going by this date of birth, i.e., 02.02.2003, she still has not completed 18 years of age and will be gaining majority on 02.02.2021. Thus, we hereby direct that the corpus shall be taken to the Balika Ashraya Grah, Churu where she shall be lodged till she attains the date of majority i.e., 02.02.2021. On that date, she shall be released from the institution and be safely escorted to the place desired by her by the SHO, Mahila Thana, PS Sardarshahar, Churu.

3. The habeas corpus petition is disposed of accordingly. Rule is discharged.

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
Judicial Analysis

AI

SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top