QUTBUM NISHA Vs. STATE OF U P

JUDGEMENT

(1.) THIS petition has been filed by the petitioner for quashing the order dated 6-2-2008 whereby Km. Sabira (name changed), the victim of Case Crime No. 20 of 2008 was left free to go to the place of her own choice. The impugned order was passed on the basis of the statement recorded under section 164 Cr. P. C. The Magistrate, on the basis of the medical evidence, found her above the age of 18 years.

(2.) WHEN a girl is in the clutches of an accused of an offence under Sections 363 and 366 I. P. C. there is always a probability that the accused had offered any inducement, threat or promise to her to keep her with him. When such girls are recovered, the probability is there, that she is still under the influence of such inducement, threat or promise. Therefore, it is not proper at all to record the statement of such victim unless such influence is vanished. It may ordinarily, take 15 days to two months, depending upon the age of the victim and the period during which she was kept in abduction, for vanishing such effect or influence. The statement of such a girl, therefore, should not be recorded unless it is ensured that the influence of such inducement, threat or promise has vanished. Fifteen days time is the minimum reasonable time to get such influence vanished. The statement recorded within such fifteen days from the date of recovery cannot be said to be free from inducement, threat or promise extended by the accused. Hence, such statement cannot be made the basis for the custody of the prosecutrix. For these fifteen days her custody may be restored to her parents from whose custody she was kidnapped or abducted.

(3.) THE prime consideration, while disposing of an application for the custody of the girl, is always the "welfare of the girl". The complainant is the natural mother and is, thus, the undisputed guardian of the victim. There is no dispute regarding her such relationship with the victim.