P. AASHRIYA Vs. STATE OF ORISSA AND ANR.

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and the learned Addl. Standing Counsel.

(2.) PERUSED the order dated 15 -9 -1997 passed by the learned S.D.J.M., Bhubaneswar in G.R. Case No. 1122 of 1997 and order dated 15 -12 -1997 passed by the learned Sessions Judge, Bhubaneswar in Criminal Revision No. 77 of 1997. The accused in the aforesaid G.R. Case has prayed for custody of P. Radha Reddy, the victim girl.

(3.) SHE cannot be given in the custody of the petitioner who is the accused in the case on the allegation of kidnapping her besides other allegations if there is a declaration from the side of the accused relating to a valid marriage that matter has to be adjudicated at the time of trial, if any. After the girl attains the age of majority as per law she is at liberty to live anywhere she likes and there shall be no necessity for this Court or any other Court of competent jurisdiction to pass any order for her stay in a particular place unless she would apply for protection. After attaining the age of majority even she can pray to the committal Court or the trial Court for her release from the Tapaswini Short Stay Home and in that respect if satisfied about her attaining the age of majority, the lower Court would pass appropriate order.