NARAIN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant misc. petition has been preferred by the petitioner Narain Singh assailing the order dated 10.7.2014 passed by the learned Chief Judicial Magistrate, Jalore in connection with F.I.R. No. 204/2014 registered at P.S. Jalore for the offences u/s. 363 and 366 I.P.C. whereby the victim Mst. Rinka Kanwar was directed to be sent to the Nari Niketan, Jodhpur.

(2.) Briefly stated the facts of the case are that the complainant Bhanwar Singh filed the first information report No. 204/2014 at the Police Station Jalore alleging that his minor daughter aged 15 years had been kidnapped by Narain Singh, present petitioner. The girl was recorded and examined during the course of investigation u/s. 164 Crimial P.C. and stated that she was 19 years of age and had married Narain Singh of her own free will. The I.O. submitted documentary evidence before the trial court by way of the school record of the girl, as per which her date of birth was 16.8.2000 meaning thereby that the girl was just 14 years of age. Accordingly, the trial court held that the victim was a child within the meaning of Juvenile Justice Act. She refused to go with her father and insisted that she wanted to go with the present petitioner. The trial court held that girl was minor and was not desirous of going with her parents. Thereafter by order dated 10.7.2014 the trial court directed that the girl be sent to Nari Niketan. The petitioner has assailed the order passed by the trial court by way of the instant misc. petition u/s. 482 Cr.P.C.

(3.) As a matter of fact the direction should have been to send her to Balika Grah.