MOOLA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Shri Pushpendra Jhajaria, S.I. and Lady Constable, Ms. Mala, M.P.C. 968 have produced detenue Sita Devi Daughter of Moola Ram, petitioner, who is also present in the Court in person. Detenue Sita Devi Slated her age to be 25 years.

(2.) The Investigating Officer has also produced the case diary, wherein a certificate is available issued on 26.7.2012 by the Headmaster, Government Primary School, Itawa, Panchayat Samiti, Sambhar Lake, according to which, the date of birth of detenue is 20.6.1997. Sita Dev i was also got medically examined by the Investigating Officer by Medical Board, consisting of three doctors at Government Community Health Centre, Khandela and as per their report dated 3.2.2013, the age of detenue Sita Devi is above 20 years and she is pregnant by four and half months. Opinion of the Medical Board is reproduced as under:

(3.) Learned counsel for petitioner submitted that from the certificate obtained by the Investigating Officer, from Primary School, Itawa, Panchayat Samiti, Sambhar Lake, District Jaipur, the date of birth of the detenue is 20.6.1997, therefore, she is about fifteen and half years of age and being minor, custody of detenue should be given to petitioner.