AVANTIKA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Rajeev Tiwari, learned counsel for the petitioners and learned A.G.A for respondents No.1, 2 and 3. This habeas corpus petition has been filed by the petitioner No.2, Deepak @ Mandan Singh, who is an accused in case crime No.576 of 2018, Police Station? Saurikh, District Kannauj, for production? of the corpus (petitioner No.1 - Avantika)? with a further prayer that after recording her statement she be set?at liberty.

(2.) A perusal of the record reveals that Sri Rajeev Kumar, the father of the corpus, lodged an FIR on 30.10.2018 at P.S. Saurikh, District Kannauj alleging that his minor daughter has been enticed away by the accused persons including petitioner No.2 (Deepak @ Madan Singh). The corpus was recovered and was produced before the court concerned. Her statement was recorded under section 164 Cr.P.C in which she stated that though she is aged about 20 years but in her High School Certificate, her date of birth is 15.7.2002. She disclosed that she had voluntary entered into relationship with petitioner No.2 and that a false case has been lodged.

(3.) It appears that the Child Welfare Committee, upon finding the corpus to be minor and unwilling to go with her parents, placed her in the Government Women Protection Home, at Etawah. On 26.4. 2019 this Court directed for production of the corpus on 30.5.2019. On 30.5. 2019, the Court was informed that while the? corpus was being brought to the court, she delivered a child during train journey. The child died and she had to be admitted in the hospital. As a result, the matter was adjourned to 3.7.2019 for production of the corpus. On 3.7.2019, the corpus was produced and the Court directed? for medical examination of the corpus. The medical report submitted by the C.M.O, Prayagraj, Allahabad though estimated the corpus to be aged about 19 years but was not found in order and scientific. Consequently, by order dated? 9.7.2019, the Court directed? for a fresh report.