SANTOSH CHOUDHURY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The Judgment of the Court was as follows : Present petition has been filed under Section 401 read with Sections 397/482 of the Code of Criminal Procedure praying that order dated 23rd November, 2012 passed by Chief Judicial Magistrate, Alipore in connection with, ACGR No. 11642 of 2012 corresponding to Rajabagan Police Station Case No. 118 of 2012 under Sections 366/367/120B of the Indian Penal Code, be quashed and custody of the victim girl be handed over to the petitioner, who is her lawfully married husband.

(2.) This Court on 9th January, 2013 had directed the Additional Public Prosecutor to produce the victim girl in the Court. Learned Additional Public Prosecutor had a conversation with the victim girl and had stated that she wants to reside with her husband, the petitioner. Counsel for the State has further submitted that in her statement recorded under Section 164 of the Code of Criminal Procedure the victim girl has stated that she herself has married the petitioner. Counsel for the State has further submitted that ossification test of the victim girl was carried and as per opinion of the doctors, her age is between 16 to 18 years.

(3.) In view of above, the impugned order whereby the custody of the victim was given to Sukanya Home at Salt Lake, is set aside. The revisional petition is disposed of.