TANYA PANDEY Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri M.S. Chauhan, learned counsel for the petitioner and Sri Patanjali Mishra, learned A.G.A.-I, for respondent nos. 1 to 5.

(2.) This writ petition has been filed seeking the following reliefs:-

(3.) This writ petition has been filed on behalf of petitioner (corpus) through Smt. Usha Devi mother of the accused Ravishankar Thakur against whom F.I.R. No.0050 dated 25.04.2020 under Section 363/366 I.P.C. was lodged. During course of the investigation Section 176(3) I.P.C. and Section 5(j)(ii), and 5(1)/6 of the POCSO Act were also added. As per the statement of the corpus recorded on 07.08.2020 under Section 164 Cr.P.C. in which she had stated her age to be 16 years. As per F.I.R. version the age of the corpus is 15 years. The corpus was sent in the custody of Superintendent, Balika Grih Social Welfare Society, district Mau by order dated 31.7.2020 passed by Chairman, Child Welfare Committee. As per education certificate of the corpus, her date of birth is 20.05.2005. On 23.11.2020 the aforesaid order was challenged by the mother of the accused by filing an application before Incharge, CWC, Ballia praying for the custody of the corpus Tanya Pandey This application was rejected by the Chairman by order dated 28.11.2020 on the ground that the corpus Tanya Pandey is minor. The aforesaid rejection order dated 28.11.2020 has not been challenged by the petitioner in the present writ petition. However, a photostat copy of the order has been produced by the learned counsel for the petitioner before the Court, which is kept on record.