LIPIARA KHATUN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The subject matter of challenge in the instant criminal revision is an order passed by the learned Sessions Judge, Murshidabad in conection with a criminal revision whereby the learned Judge affirmed an order passed by the learned Additional Chief Judicial Magistrate, Lalbag, rejecting the petitioner's prayer for release on her own bond.

(2.) Heard Md. Golam Mastafa, learned Advocate, appearing on behalf of the petitioner as well as Mr. Sandipan Ganguly, learned Advocate, appearing on behalf of the State. Perused the impugned order as well as other materials on record.

(3.) The present petitioner is a victim of an offence punishable under Sections 363/366(A)/120B of the Indian Penal Code. It is the case of the prosecution that she was a minor being the below age of 16 years at the time of the alleged incident. It is the further case of the prosecution that she was kidnapped by the accused, Dilbar Sk. from the custody of her lawful guardian without their consent. Although, it appears from the statement of the victim girl recorded under Section 164 of the Code of Criminal Procedure that she went with the accused, Dilbar Sk. on her own, i.e., without any force and willingly and then they married each other but admittedly she was a minor at the time of the alleged occurrence.