RADHAMOHAN Vs. STATE OF M P

JUDGEMENT

(1.) ALL parties heard.

(2.) THIS is an application filed u/S. 482 of CrPC for seeking directions of custody of the girl who has been sent to Nari Niketan by the trial Court.

(3.) LEARNED counsel for the petitioners as well as respondent No. 2 both have submitted that the girl is 17 years and six months of age and therefore is minor. She is not well in Nari Niketan. Earlier an application was sent by the prosecutrix through the Incharge of Nari Niketan to the concerning Court to the effect that she be handed over to her parents. Parents have also moved an application for seeking custody of the girl. In this way everyone is agreed in this regard that the girl be given in custody of her parents. It has also been submitted by both the counsels that the prosecutrix also desires to live with her parents, as it apparent from the application which was sent by her through Nari Niketan to the Court concerned, to that effect. In this regard attention of this Court has been drawn towards the proceedings dated 12.10.2007 recorded by the trial Court. Original certificate of primary examination 2000 -01 has also been shown, in which the date of birth of the prosecutrix has been shown as 30.11.1989, which shows that till today she is below 18 years of age.