SUNIL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The corpus has been produced before us from the Child Care Institution at Churu by Shri Rai Singh, SI, PS Sardarshahar, Churuand Smt. Geeta, MFC, Belt No. 571. We conferred with her "in camera". The Child Welfare Committee has passed an order dated 16.12.2020 concluding that the date of birth of the corpus is 02.08.2005. However, there is available on the case diary, the record pertaining to the first admission of the corpus in the school named, Government School No.11, Sardarshahar which was subsequently merged into a school named, Government Tatia Higher Secondary School, Sardarshahar. As per the scholar register of the relevant period, the corpus was got admitted in the first standard of the said school on 14.07.2009 and her date of birth was recorded as 02.02.2003 at SI. No. 1662 of the scholar register. In the subsequent years, there is a shift in as much as the date of birth of the corpus has been altered to 02.08.2005. However, there is no material to satisfy us as to why this change in date of birth was made. Considering the fact that the entry pertaining to the initial admission of a child in the school has primacy and as by physical appearance also, the corpus appears to be well built and mature, we hereby hold that the correct date of birth of the corpus Mst. 'IT is 02.02.2003 as recorded in the scholar register of Government School No. 11, Sardarshahar, Churu. Thus, the order dated 16.12.2020 passed by the Child Welfare Committee, Churu is set aside.

(2.) Even going by this date of birth, i.e., 02.02.2003, she still has not completed 18 years of age and will be gaining majority on 02.02.2021. Thus, we hereby direct that the corpus shall be taken to the Balika Ashraya Grah, Churu where she shall be lodged till she attains the date of majority i.e., 02.02.2021. On that date, she shall be released from the institution and be safely escorted to the place desired by her by the SHO, Mahila Thana, PS Sardarshahar, Churu.

(3.) The habeas corpus petition is disposed of accordingly. Rule is discharged.