RAMESH KUMAR Vs. MASTER ANKIT (MINOR)

JUDGEMENT

(1.) THE Petitioner challenges the order passed by the Learned Sessions Judge reversing the order passed by Learned Sub Divisional Judicial Magistrate, Rampurin a petition under Section 125 of the Code of Criminal Procedure instituted on behalf of the minor claiming maintenance on the ground that he was the son of The Petitioner herein. The Learned trial Court on the evidence on record dismissed the petition.

(2.) TWO points were settled by Learned trial Court for consideration. (1) Whether The Petitioner -respondent has been born in the result of sexual intercourse committed by The Petitioner herein on Tauli Devi alias Manisha. Adverting to this point, the Learned trial Court rejected the petition on the ground that her conduct after the alleged sexual intercourse was not natural. The case of rape had been registered against The Petitioner herein after about four months of the incident. At that point of time, The Petitioner herein had already been held guilty for offences under Section 376 by the Learned Sessions Judge. The petition was dismissed. The Respondent herein appealed. The Learned Sessions Judge set aside the order holding that even in the absence of the evidence of the younger sister of the mother of the claimant there was ample evidence on the record to establish that he was the illegitimate offspring of The Petitioner. The Learned Sessions Judge notes:

(3.) THE petition was accordingly allowed. I have noted in some detail the observations made by Learned Sessions Judge as I find that they are of major significance.