SYED SADAB HASAN Vs. STATE OF U P

JUDGEMENT

(1.) Sri J.N. Misra, Sub-Inspector and Sri Brijesh Diwedi, Chetganj, Varanasi are present before this Court.

(2.) Petitioner No. 2, the girl, is produced before this Court by the police. Dispute arose previously in connection with her age. this Court was pleased to direct to go for ossification test by an order dated 24.1.2006. Thereafter, other problem arose in connection with the appropriate ossification test by the Chief Medical Officer, Varanasi when the Court was pleased to direct that the same is to be done by the Chief Medical Officer, Allahabad. A controversy arose about her arrest by the police officer during the interregnum period in view of non-validity certified copy of the order. The learned Govt. Advocate explained that formally she has not been arrested. There was a communication gap. However, in view of earlier direction, the Police Officer is present before this Court along with the girl.

(3.) From the ossification test, as placed before this Court, we find that the age of the girl is 18 years. It has been contended by the learned Counsel appearing for the complainant that as because the girl crossed only a few days of 18 years before the date of marriage, that does not unnecessarily mean that she has become major and she will be able to take decision in respect of her life. We are sorry to say that we cannot go beyond the scope of law under Section 98 Cr.P.C. which describes about power to compel restoration of adducted females. Section is as follows: Upon complaint made on oath of the abduction or unlawful detention of a woman, or a female child under the age of eighteen years, for any unlawful-purpose, a District Magistrate, Sub-Divisional Magistrate or Magistrate of the first class may make an order for the immediate restoration of such woman to her liberty, or of such female child to her husband, parent, guardian or other person having the lawful charge of such child, and may compel compliance with such order, using such force as may be necessary.