MANJU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This petition seeking writ of habeas corpus has been filed by the petitioner Smt. Manju for release of her minor daughter Ms. "G", alleged to be in illegal detention of the respondent no.4 herein.

(2.) In the writ petition filed, the petitioner has disclosed the age of her daughter as 16 years, however, in complaint filed, which was referred by the criminal Court of competent jurisdiction to the Police Station, Banar under Section 156(3) Cr.P.C., the age of the corpus was disclosed as 18 years and it was specifically mentioned in the complaint that the corpus "G" is major.

(3.) The statement of the corpus was recorded under Section 164 Cr.P.C. by the Metropolitan Magistrate No.1, Jodhpur Metropolitan on 15.6.2020 wherein the corpus has disclosed her age as 16 years. In the statement made, she denied that the accused Bhagirath, the respondent no.4 herein, has committed rape on her rather, she stated to have entered into marriage with him on 13.5.2020. The police has already filed negative Final Report in the matter after investigation.