SOURABH (KUM.) Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant miscellaneous petition has been filed on behalf of petitioner Kumari Sourabh challenging the order dated 11.9.2012 passed by the Judicial Magistrate Merta City rejecting the application filed by the petitioner for being released from the Female Child Welfare Home (Nari Niketan).

(2.) Counsel for the petitioner submits that though the age of the petitioner as per her school record is below 18 years but actually the petitioner is more than 18 years of age. He contends that the F.I.R. which has been filed by her father showing her to be minor is absolutely concocted. He further submits that the petitioner has been examined under Sec. 164 Crimial P.C. in relation to the F.I.R. on 22.6.2012 and in such statement she has clearly mentioned that she is more than 19 years of age. Learned counsel thus relying upon the said statement as well as the subsequent statement of the petitioner recorded on 25.8.2012 submits that the petitioner should be released from Nari Niketan. He further submits that the Medical Examination Report regarding the age of the petitioner has resulted into a finding that the petitioner is above 18 years and below 19 years of age. Counsel for the petitioner submits that the petitioner has married with one Navratan. Counsel for the petitioner has placed reliance on a decision of this Court in Sunita Yadav Vs. State, S.B. Cr. Misc. Petition No. 2485/2012 decided on 27.9.2012 . He, therefore, prays that the order impugned be quashed and the petitioner be set at liberty.

(3.) Counsel appearing for respondent No. 2 Anoop Singh who is the father of the petitioner, submits that the petition is misconceived for the reason that the petitioner is just a 15 years old girl. He submits that her date of birth as per school record is 30.6.1996 and accordingly as per the provisions of Juvenile Justice Act particularly Rule 12 thereof, the age of the petitioner has to be reckoned to be the one which is mentioned in her school record. He, therefore, prays that the petition filed by the petitioner for being released from Nari Niketan should be rejected as the petitioner who is a young girl below 18 years of age if released is likely to fall into bad company. He submits that the respondent is also agitating the issue for seeking her custody as he is the natural guardian. Fie thus prays that the miscellaneous petition be rejected.