Court No. - 51

Case :- HABEAS CORPUS WRIT PETITION No. - 3796 of 2018

Petitioner :- Shivi And Another

Respondent :- State Of U.P. And 4 Others

Counsel for Petitioner :- Sushil Kumar Rathore

Counsel for Respondent :- G.A.

Hon'ble Vipin Sinha,J.

Hon'ble Narendra Kumar Johari,J.

Learned counsel for the petitioners is permitted to carry out necessary

correction in the array of the parties with regard to the name of the

petitioner no.2 as Mangal Singh instead of Magal Singh, during course of

the day.

Heard Sri Sushil Kumar Rathore, learned counsel for the petitioners and

learned AGA appearing on behalf of the State.

This writ petition has been filed with the prayer to quash/set-aside the

impugned order dated 23.06.2018 passed by the Additional Sessions

Judge, Court No.2, Jalaun at Orai, in Case Crime No.205 of 2018, under

Sections 363, 366, 7 and 8 POCSO Act, Police Station Kotwali Jalaun,

District Jalaun and release the corpus to her husband according to her

sweet and free will.

We have also perused the earlier order dated 26.10.2018 passed by another

Bench of this Court, in pursuance of which the corpus Shivi has been

produced before this Court, in custody of Madan Lal (Constable C.P.

No.462, P.No.782240322), Nagina Rajpoot(Lady Constable C.P.

No.4624569) and Sudha (Lady Constable No. 4623926).

The contention of the counsel for the petitioners is that the present habeas

corpus writ petition has been filed on behalf of the corpus Shivi through

her husband namely Mangal Singh. It has been contended that both Shivi

as well as Mangal Singh, the petitioner nos. 1 and 2 are adult and they

have solemnized marriage of their own free will without any fear, threat or

coercion, however, the girl has been illegally detained with respondent

no.4. Attention of the Court has also be drawn to the order dated

23.06.2018, a perusal of which shows that the parents of the girl have not

approached the court concerned for the Supurdigi of the girl. It is also

evident that there is a dispute with regard to the date of birth of the girl in

the educational certificate. The High School Marksheet of the girl shows

that her date of birth is 13.07.2002, whereas the Class-8^th

Marksheet/school teaving certificate of the girl shows that her date of birth

is 24.03.2001.

In this view of the matter it has been contended that the age of the girl as

certified by the Chief Medical Officer, Jalaun becomes relevant, copy of

which has been annexed at page no.34 of the affidavit filed in support of

the writ petition, as per the said certificate the age of the girl is 19 years.

The Court has been informed that both of petitioners are present before the

Court, thus with the consent of learned counsel for the petitioners as well

as learned AGA, the Court proceed to examine the corpus namely Shivi,

who is present before the Court.

On being asked 'ki app ka naam kaya hai', she informed the Court 'ki mera

naam Shivi hai'. On being asked 'ki app ke pita ji ka kaya naam hai', she

informed the Court ki 'mere pita ji ka naam Jawala Prasad hai'. On being

asked 'ki app ki umra kitni hai', she informed the Court ki 'meri umra 19

Saal aur kuch mahine hai'. On being further asked 'ki app ne shadi apani

marji se kari hai aur kiske sath' she said yes 'shadi maine apani marji se

kari hai, Mangal ke sath, bina kisi dar ya dabaw ke', i.e. petitioner no.2,

who is also present before the Court.

The petitioner nos.1 and 2 have identified each other, and both the

petitioners have also been identified by their counsel Sri Sushil Kumar

Rathore, on the basis of the documents produced before him in his

chamber.

Thus, keeping in view the facts and circumstances of the case, the

statement made by the girl before this Court and also in view of the

medical certificate issued by the Chief Medical Officer, Jalaun, showing

the age of the girl 19 years, a case of grant of indulgence has been made

out. There is no purpose will be served