GIRISH KUMAR Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri Mukul Yadav, learned counsel for the revisionist and learned A.G.A. for the State.

(2.) This revision has been filed challenging the order dtd. 11/1/2022 passed by the Child Welfare Committee, Kasganj and further challenging the order dtd. 26/10/2022 passed by the Special Judge (POCSO Act) in Criminal Appeal No.7 of 2022 in a matter arising out of Case Crime No.140 of 2022, under Sec. - 363, 366, 376 I.P.C., Police Station- Sunngarh, District- Kasganj.

(3.) The relevant facts giving rise to this revision are as below:- An F.I.R. was lodged by father of the victim alleging abduction of his daughter; the victim was recovered and was directed to be produced before the Child Welfare Committee; the Child Welfare Committee passed an order dtd. 11/1/2022 simultaneously rejecting four applications, one moved on behalf of mother of the victim and second moved on behalf of the married sister of the victim namely Islanti and two applications moved by the victim herself. The facts and circumstances of the case as put before the Child Welfare Committee indicated that the victim became pregnant with the child of her jeeja Om Pal, husband of her real sister Islanti. It may be noted that one of the applicant was Islanti, wife of Om Pal; the girl was married of to one Ghanshyam by her parents; she did not stay with her husband; instead went with her jeeja and her real sister where she got pregnant; the Child Welfare Committee observed that there were two applications from the side of victim herself, one expressing willingness to go with her parents and the other expressing willingness to go with her sister and jeeja. Taking all the circumstances into consideration, the Child Welfare Committee, found it fit to detain her in the Rajkiya Balgrih Swaroopnagar, Kanpur by order dtd. 11/1/2022.