MAHMOOD Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Sri Saurabh Kesarwani for the petitioner, Sri Deepak Mishra, learned A.G.A. for the respondents 2, 3 and 4, Sri Prahlad Kumar Khare for the Union of India and perused the record. The present habeas corpus petition seeks release of the petitioner Mahmood currently in detention in pursuance to the detention order dated 20th May, 2019 passed by the District Magistrate, Bijnor (respondent no. 3) in exercise of powers under Section 3(2) of the National Security Act, 1980 (hereinafter referred to as the ''N.S.A. Act').

(2.) A perusal of the record reveals that an F.I.R. dated 27.3.2019 was registered as Case Crime No. 178 of 2019, under Sections 323/376 IPC read with Section 3/4 POCSO Act, at Police Station Najibabad, District Bijnor. In pursuance to the said F.I.R., the detenue (petitioner) was arrested on 29.3.2019 and is in detention since then. It has been brought on record that after the arrest of the petitioner, during the investigation of the case, the statement of prosecutrix namely Wasiya, aged about 10 years, was recorded under Section 161 Cr.P.C. on 28.3.2019 (Annexure-10 to the petition). The Investigating Officer also recovered the blood stained clothes of the prosecutrix from the home of the informant on 28.3.2019 and the statement under Section 164 Cr.P.C. of the victim was recorded on 30th March, 2019 (Annexure-13 to the petition).

(3.) A perusal of the F.I.R. in question reveals that the informant disclosed that on 26.3.2019 at about 7:30 P.M. the younger sister of the informant, namely, Wasiya, aged about 10 years, had gone to purchase certain things to Jalalabad Bazar and when after sufficient time having elapsed, she did not return back home, then the informant and his brother Islam went in search of Wasiya. They reached the softy shop of one Prakash, who informed them that a little while ago, a small girl had come with a boy, who has purchased softy for her and has taken her with him. It was also stated that there were two persons, namely, Altaf son of Ismail and Mukeem son of Ehsan, both residents of Jalalabad, who informed that they had seen the petitioner taking the girl with him after purchasing a softy. On receiving the said information, they searched for the girl here and there and found her in a bad condition behind the shop of Sarfaraj Hardware. She was physically injured and mentally disturbed with many marks on her face and other places of her body. On questioning, Wasiya informed that the petitioner, whom the girl recognizes, had done wrong things to her. With the said allegations, the F.I.R. was lodged against the petitioner. Thereafter, the informant gave a statement which was in consonance with the allegations levelled in the F.I.R. He also stated that when the girl was brought back home, the wife of the informant was informed that blood was coming out of the private parts of the girl.