Anuj vs State of Uttarakhand - 2022 Supreme(UK) 170

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(UK) 170

RAVINDRA MAITHANI
Anuj – Appellant
Versus
State of Uttarakhand – Respondent

Advocates Appeared:
For the Applicant :Mr. Siddhartha Sah, Advocate
For the Respondent: Mr. V.S. Rathore, A.G.A.

JUDGMENT :

1. Applicant Anuj is in judicial custody in Case Crime No.219 of 2021, under Sections 363, 366-A, 376 (2) (n) of IPC and 5(1)/6 of Protection of Children from Sexual Offences Act, 2012 (“the Act”), Police Station Bhagwanpur, District Haridwar. He has sought his release on bail.

2. Heard learned counsel for the parties and perused the record.

3. According to the FIR lodged by the mother of the victim, on 10.03.2021, the victim aged about 17 years was enticed by the applicant. After trial, charge-sheet has been submitted and the trial is under way and the witnesses have also been examined.

4. Learned counsel for the applicant would submit that the relationship were consensual; the victim is not a child; in her Aadhar Card, her date of birth is recorded as 07.10.2002 and in the Family Register, the date of birth is recorded as 06.01.2002. The victim has been working in a factory and undoubtedly, the factory employed a person only above 18 years of age. This fact has been admitted by the victim and her mother who had already been examined at trial. The victim has also stated about the Aadhar Card, which is on record. She has not been categorical as to whether her date of bir

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