MUKESHBHAI MANHARLAL KHAKHAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner approached this Court for issuance of writ of habeas corpus since the daughter of the petitioner was missing from 11th August, 2018. He also lodged First Information Report with Chotila Police Station on 15th August, 2018 being I-C.R. No.65 of 2018 for the offence punishable under Section 366 of the Indian Penal Code. As the whereabouts of the girl was not found out by the police authority, he approached this Court with the following reliefs.

(2.) The case of the writ applicant, in his own words, as pleaded in the writ application, is as under:

(3.) It appears from the materials on record that the respondent no.4, namely Dhavalkumar Hareshchandra Trivedi, is a hard core criminal. He is a convict accused of the offences punishable under Sections 363 , 366 , 376 of the Indian Penal Code and Section 4 , 6 of the Protection of Children from Sexual Offences Act, 2012, (for short 'POCSO'). It appears from the materials on record that the respondent no.4 was arrested in connection with the First Information Report bearing C.R.I No.44 of 2012, registered with the Padadri Police Station, Rajkot, for the offences enumerated above. Ultimately he was put on trial in the Court of Special Judge (POCSO) and was held guilty of the offences enumerated above. He has been sentenced to undergo life imprisonment. It appears that the respondent no.4 is a Professor serving with the Rajkot Gondalia College. He is in the habit of luring young girls studying in the college. He is responsible for ruining the life of many innocent girls. One such victim is the daughter of the writ applicant named Nidhi.