Back
Hashmi Thru. Her Father Natural Guardian Usman – Appellant
Versus
State Of U. P. – Respondent
JUDGMENT :
VIKAS KUNVAR SRIVASTAV, J.
1. The present writ petition of Habeas Corpus is moved by the petitioner-Usman, father of the alleged detenue, “Kumari Hashmi” aged about 16 years, r/o Village Sarawan, P.S. Itaunja, Distict-Lucknow. In addition, State of U.P. and Station Officer, Police Station-Itaunja, District-Lucknow, the private Opposite Party-Vineet Kumar S/o Sukhdev R/o Village Sarawan, Police Station-Itaunja, District-Lucknow is also made opposite party.
2. In brief, the facts emerging from the pleadings of the writ petition reveals that the daughter of the next friend, ‘Usman’ lodged an F.I.R. in local Police Station Itaunja, District-Lucknow on 13.11.2020 at 7:19 p.m. stating therein, his 16 years’ old daughter left the home at about 4:00 p.m. on 12.11.2020 for going to her maternal uncle's home at Village Darauna, P.S.-Itaunja, Lucknow but she did not reach there and he came to know from the whispers amongst native villagers that one Vineet Kumar, opposite party no.3, resident of the same village enticed and taken away his minor daughter and kept detained her in some lonely place, which is not known to the petitioner and his family members. The complainant/petitioner ha
Point of Law : For assessing the age of victim of an alleged offence or of any person alleged to be a ‘victim’ of the offence or under unlawful detention as complained in writ of habeas Corpus is nec....
The age of a victim must be determined primarily using valid school records or certificates, with medical tests as a secondary option; unreliable documents cannot dictate age determinations.
The court ruled that a Child Welfare Committee cannot rely on unverified school records for age determination when medical evidence indicates adulthood, rendering its jurisdictional order invalid.
A writ of Habeas Corpus may be issued when a detention order lacks jurisdiction or is passed mechanically, especially in cases where age determination is not substantiated as per law.
Writ of habeas corpus – Criminal trial – Claim of juvenile – determination of age – Certain limitations to this writ and the most basic of such limitation is that the Court, before issuing any writ o....
The court ruled that credible primary documents are essential for age determination, emphasizing the Aadhar card's validity over school records in the absence of supporting evidence.
Offence of Rape – Determination of Age - As per statutory mandate of S. 94(2) of J.J. Act, primacy is to be accorded to date of birth certificate from school or matriculation or equivalent certificat....
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
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
