JULEKHA KHATOON Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard.

(2.) The petitioner is aggrieved by the order dated 25.1.2012 passed in Sessions Trial No.558 of 2010 by the learned 7 th Additional Sessions Judge, East Champaran, Motihari, whereby petition filed on behalf of the petitioner under Section 319 of the Code of Criminal Procedure, 1973 (for short Cr.P.C.) for summoning the opposite party no.2 for facing trial in the aforesaid criminal case has been rejected.

(3.) It is not in dispute that criminal case was registered by the petitioner for offences under Section 366A/34 of the Indian Penal Code for kidnapping of her minor daughter viz. Tamanna Khatoon @ Bachia, aged about 15 years. During the course of investigation, the alleged victim Tamanna Khatoon was recovered and her statement under Section 164 Cr.P.C. was recorded on 20th March, 2008 by the learned Judicial Magistrate 1 st Class, Motihari, wherein her age was estimated to be about 16 years by the learned Magistrate, though she claimed to be aged about 15 years only. In the aforesaid statement under Section 164 Cr.P.C., brought on record at Annexure-3, she has supported the prosecution case of her kidnapping for the purpose of her forceful marriage and resultant forceful illicit intercourse by the accused persons. In the aforesaid statement, the alleged victim has named the opposite party no.2 also as one of the culprits. However, opposite party no.2 was not chargesheeted by the I.O. and was not put on trial.