SOMAJI BALWANTJI THAKORE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The Corpus, Ms.Kinjalben, produced through of fice of District Legal Services Authority, Banaskantha at Palanpur and we have interacted with said Corpus, her parents, both father and mother, were also present in the said office of District Legal Services Authority, Banaskantha at Palanpur. They were praying for the corpus may come back at her parental home instead of remaining in Nari Niketan, but the girl has refused for the same consistently and she has expressed her desire to go with Respondent Nos.5 and 6, parents of Respondent No.4-Varsunji Girdharji Thakore, who is alleged to be her boyfriend and there are some criminal cases pending against Mr.Varsunji Girdharji Thakore and his anticipatory bail was also rejected by the Court way back on 29.01.2021.

(2.) Learned Additional Public Prosecutor also submitted that senior officials of the Police Department are taking appropriate action and the report about the same will be produced in the Court in the next date. Despite the expression of the opinion of the corpus, Ms.Kinjalben, to go to Respondent Nos.5 and 6's family house, we cannot permit the same because they are strangers in the matter and proper custody of the corpus would be either with her parental home or at Women Protection Home, Palanpur. We have tried to give some counseling through the trained Mediator in Mediation Center, Palanpur and also by learned Judge, Mr.R.R.Zimba, who is Full Time Secretary of the District Legal Services Authority, has made his own efforts to explain proper legal implications to the Corpus, Ms.Kinjalben who claims to be 19 years of age.

(3.) In the circumstances, we consider it appropriate to allow Corpus, Ms.Kinjal to remain in the Women Protection Home at Palanpur for a week more. She has a choice to go back to her parental home either today itself or at any point of time even in this week also and if she agrees for the same, arrangements be made for the same and a Report be sent to the Full Time Secretary, District Legal Services Authority, Banaksantha at Palanpur.