RABIYA BEGAM Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This Court, while issuing the notice in this petition under Article 226 of the Constitution of India passed the following order:

(2.) Today, the corpus is brought before us from Madhya Pradesh. She was residing with parents of respondent Nos. 4 to 7. She understands that her age is not marriageable age. The respondent No. 3 is already sent to the jail. She is willing to join her parents. Her mother and maternal-uncle are present before us, her custody is being handed over.

(3.) Medical examination of corpus has been completed. The Police Officer investigating into the matter has stated orally that he has been conveyed that there are no issue with regard to pregnancy. The girl does not have any formal education but, she knows how to read and write. She would also be required for the purpose of recording statement under Sec. 164 of the Code of Criminal Procedure, 1973. The provisions contained under the Protection of Children from Sexual Offences (POCSO) Act, particularly, Chapter-VI and provisions under Ss. 24 to 27 shall be borne in mind. Learned Magistrate shall provide copy of statement under Sec. 164 to the child, her parents or the representative. As far as possible, the Learned Magistrate or the Police Officer shall ensure the recording of child's statement by audio-video electronic means.