MEENA RATAN SINGH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned Counsel for the applicant and learned APP for State.

(2.) A 60 year old, grandmother of the victim has been arraigned as an accused in Crime No. I-184/2019 registered with Mira Road Police Station for the offences punishable under Sections 376, 363, 370(A), 370(4), 465, 468, 471 of the Indian Penal Code, Sections 3, 4, 7 and 8 of the Protection of Children from Sexual Offences Act ( "POCSO Act" for short), 2012 and Sections 9 and 10 of the Prohibition of Child Marriage Act, 2006. Applicant came to be arrested on 3.03.2020. Investigation is over and chargesheet has been filed. I have perused it.

(3.) Ms. Priya Ratan Singh, aunt of victim filed a complaint alleging that the victim was kidnapped by a unknown person. As such, offence under Section 363 came to be registered. It is unfolded in the investigation that the victim voluntarily accompanied, one Mukesh Kanojia and performed marriage with him at Ujjain. Later, Mukesh Kanojia, had filed, a Writ Petition (habeas Corpus) in the High Court seeking direction to police to produce the victim before this Court. Accordingly, victim was produced on 4.12.2019. Thereafter, her statement was recorded on 9.1.2020 which suggest and sounds that, her grandmother (applicant) and parents were not approving her relations with Mukesh Kanojia. However, in supplementary statement recorded on 2.03.2020, victim disclosed to police that Mukesh Kanojia had transferred some amount in the account of the applicant. While answering the question, she told police that, her parents and applicant had pushed her in the flesh market to live on her earnings.