RAMJUBHAI KESHUBHAI CHAUHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Mr. Aziz AN Alvi, learned advocate for the petitioner and Mr. Pranav Trivedi, learned Additional Public Prosecutor for the respondents no.1 and 2.

(2.) By way of this petition under Article 226 of the Constitution of India, the petitioner has prayed for the following reliefs:-?

(3.) It is the case of the petitioner, who has posed himself to be the father of the Corpus - Muskan, that the Corpus - Muskan was staying at the house of the petitioner's mother-?in-?law at Village Ishwariya since her childhood and she has studied upto Std.10 only. It is specifically averred in the petition that the Corpus - Muskan is born on 5.8.2008. At this stage, Mr. Alvi, learned advocate for the petitioner states that the same is a typographical error and according to the petitioner, date of birth of the Corpus-Muskan is 5.8.2001. The petition also recites the fact that as the "minor" Corpus - Muskan was not available, an offence came to be registered with Songadh Police Station bearing CR no.I-?42/2018 under Sections 363 and 366 of the Indian Penal Code, 1860 and Section 18 of the Protection of Children from Sexual Offences Act. The FIR is also annexed at Annexure-?A to the petition. On bare reading of the FIR, it is alleged that the offence has been committed by the accused and the first informant is Ramjubhai-the present petitioner. It is also stated in the FIR that the age of Corpus - Muskan is 17 years and 3 months. It prima facie appears that what is averred in the present petition, as observed hereinabove, is translation of the FIR. In the FIR also, it is mentioned that the birth certificate of the Corpus - Muskan is attached herewith. On inquiry, the In-?Charge Circle Police Inspector-Mr. R.P. Chudasama who is present before this Court, after verification in the file, has produced photocopy of the birth certificate purported to have been issued by Bhavnagar Municipal Corporation, which is also produced along with the petition at Annexure-?B to the petition.