GANPATI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD the learned Counsel for the parties.

(2.) THE learned Counsel for the petitioner submitted statement of petitioner under Section 164 Cr.P.C. and medical certificate. According to the medical certificate issued by the Medical Jurist, Mahatma Gandhi Hospital, Jodhpur, the girl is said to be 18 -19 years of age. A copy of this certificate has been served upon the counsel for the State. The learned Counsel for the State has also been served a copy of the statement under Section 164 Cr.P.C. In the statement, she stated her age to be 19 years. She stated that she is not willing to go with her father. She also controverted the stand of her father that she has been eloped by Ghanshyam. She further stated in her statement that there had been no coercion and force used on her.

(3.) IN this view of the matter, the petitioner cannot be kept in Nari Niketan. This Court has already taken a view in the case of Smt. Radha Devi v. State S.B. Cr. Revision No. 467/99 decided on 9th July, 1999 wherein a reliance has been place on a Supreme Court Decision reported in 1976 CAr 171 (S.C.) Gian Devi v. The Superintendent, Nari Niketan, Delhi.