SASMITA MALIK Vs. STATE OF ORISSA

JUDGEMENT

(1.) Heard the learned counsel for the parties.

(2.) This application under Sec. 482 Cr.P.C. for quashing of the order dated 20.05.2013, passed by the learned J.M.F.C., Pattamundai, in G.R. Case No. 60 of 2013, rejecting the petitioner's application for her medical examination for ascertaining her actual age.

(3.) The brief facts of the case is that the mother of the present petitioner lodge a written report before the I.I.C., Pattamundai Police Station, alleging therein that the accused Pajan Mallick and his family members have kidnapped the minor daughter (petitioner), who was aged about 13 years, in order to get her married to Pajan Mallick. The said written report was registered as Pattamundai P.S. Case No. 35, dated 26.06.2013, under Ss. 363/506/34, I.P.C. During investigation, the petitioner was recovered from the house of the accused persons and produced before the learned Magistrate, for recording of her statement under Sec. 164 Cr.P.C. In her statement, recorded by the learned Magistrate under Sec. 164 Cr.P.C., the victim girl (petitioner) categorically deposed that she was aged about 19 years and that she left her parents house out of her own free will and volition and had gone with the accused Pajan Mallick to Rourkela, where they have got married. She further stated that Pajan Mallick is her husband and he has not kidnapped her.