THAN SINGH Vs. STATE & ORS.

JUDGEMENT

(1.) This petition seeking a writ of habeas corpus, has been filed by Shri Than Singh son of Shri Bhom Singh with the allegations that the respondent No.4 Shri Govind Singh son of Shri Jawan Singh and respondent No.5 Shri Jawan Singh son of Shri Bheem Singh have illegally detained his minor daughter Ms. Leela Kanwar.

(2.) This petition was entertained on 12.12.2011 when this Court directed the learned Government Counsel to take necessary instructions and information with regard to the investigation made pursuant to the FIR bearing No.171/2011 as filed by the petitioner. This matter was adjourned on 20.12.2011, then on 04.01.2012, and then, on 06.01.2012 granting time to the learned Government Counsel at request for tracking and tracing the daughter of the petitioner.

(3.) It is borne out from the record that on 18.01.2012 the daughter of the petitioner Ms. Leela Kanwar appeared before the Court and asserted that she was about 20 years of age and had contacted marriage with the respondent No.4 Shri Govind Singh. The Court also noticed the age and sex examination report dated 15.10.2011 as issued by the Medical Jurist, RNT Medical College, Udaipur wherein her age was opined at about 18 years but then, the Court also noticed that as per the school certificate produced on record by the petitioner, her date of birth was 12.12.1995. A submission was also made before the Court by the learned counsel for the petitioner that Ms. Leela Kanwar was kidnapped on 29.09.2011 from her parental house and possibility could not be ruled out of her being under the influence of respondent No.4 Shri Govind Singh with whom she was staying for last few months.