SANATAN SARDAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Today it is fixed for passing necessary order. The petitioner preferred instant application under Section 401 and 482 of the Code of Criminal Procedure with a prayer to issue a rule calling upon two opposite parties to show cause as to why the order dated 4th October, 2012 passed by Ld. Additional Chief Judicial Magistrate, Contai, Purba Medinipur, in G.R. (E) case No. 104 of 2012 should not be set aside. The gist of the complaint, lodged by one Nitai Chandra Maity, O.P. No. 2, is that the girl named Lata Rani Maity is the daughter of O.P. No. 2, aged about 16 years and student of Class XI, was kidnapped by the present petitioner Sanatan Sardar with the help of other co-accused persons and was raped. So the concerned police station registered the case and started investigation and submitted a charge-sheet.

(2.) On 4th October, 2012 one petition was filed before the Ld. Court below praying for custody of the victim by the accused-petitioner claiming himself as the husband. The Ld. Court below after hearing both sides has been please to reject the said petition on the ground that the victim girl is minor.

(3.) Ld. Advocate on behalf of the State produced the CD. On perusal of the DC it appears that the victim girl has denied to go back to her father, rather she has expressed to go to her husband, i.e., the accused/present petitioner. The said statement has been recorded under Section 164 Cr.P.C. It is also clear from the submission of the Ld. Advocate on behalf of the State as well as on behalf of the petitioner/accused that the victim girl has given birth of a child out of the wedlock with the petitioner/accused. At present the victim girl is at the custody of the Home along with her newly born baby.