ANKITA Vs. STATE OF U P

JUDGEMENT

(1.) The petition has been filed through Ramesh Kumar with the allegation that his daughter Ankita, the detenue has been kept in illegal detention in the Women Protection Home, Lucknow.

(2.) It has been pointed out that on 19.7.2014, one Chhanga Raidas abducted the detenue with the help of other accused. In that regard, Crime No.1205 of 2014 under Sections 363, 366 I.P.C., Police Station Asiwan, District Unnao was registered. During investigation, Section 376(2) (D) alongwith Section 3/4 of Prevention of Children from Sexual Offences Act(for short 'POCSO Act') were also added.

(3.) The prosecutrix was recovered on 1.11.2014 and was medically examined. Medical age of the detenue/prosecutrix was found to be 19 years. Statement of the detenue/prosecutrix was recorded. Mother of the detenue moved an application for custody of the detenue but the court refused to give custody to the mother and the detenue has been sent to Women Protection Home, Lucknow on the ground that she is a minor and she had refused to go with her parents, vide order Annexure No.1 dated 9.1.2015.