SHASHANK MANDAL Vs. STATE OF JHARKHAND AND ORS.

JUDGEMENT

(1.) Invoking the extra ordinary jurisdiction of this Court under Article 226 of the Constitution of India, the petitioner has prayed for quashing of the order dated 26.09.2014 passed by learned Additional Sessions Judge- Vth, Dhanbad in Sessions Trial No. 215 of 2014 whereby and whereunder the petition filed by the petitioner for release of the victim girl Tumpa Mandal from Nari Niketan, Deoghar, has been rejected.

(2.) At the instance of the informant-Arjun Mandal, who is respondent no.2 in this writ application, Nirsa (Kalubathan) P.S. Case No. 55 of 2014 was instituted under Sections 363 and 366(A)/34 of the I.P.C. with the allegation that on 19.02.2014 at about 3.00 P.M., his daughter Tumpa Mandal aged about 16 years as usual went to attend tuition classes but Sanjay Mandal along with the petitioner Shashank Mandal @ Bapi Mandal forcibly kidnapped his daughter. This incidence was witnessed by several co-villagers and they informed him about the incidence. Even after search, when he could not get any information about his daughter, this case was lodged.

(3.) It appears from the record that Tumpa Mandal was subsequently recovered by the Police on 22.03.2014 and her statement under Section 164 of Cr.P.C. was recorded on 24.03.2014 but as she refused to go to her parents' house, she was sent to Nari Niketan, Deoghar. She had clearly stated in her statement that her age is 18 years and she has solemnized her marriage with this petitioner in a temple and nobody had kidnapped her rather because of the cruelty and physical torture of her parents, she left her house along with this petitioner on her own and she wants to live with her husband Bapithe petitioner. In the said statement, she has also stated that she does not want to go to her parents' house. After completion of the investigation, charge-sheet was submitted by the police whereafter cognizance was taken and case was committed to the court of sessions. Before the said court, a petition was filed on behalf of the victim Tumpa Mandal for her release, but her prayer was rejected by the court concerned vide order dated 26.09.2014 holding that the victim in her statement had disclosed her age as 16 years and from matriculation certificate issued by the Jharkhand Academic Counsel also it transpires that her date of birth is 09.04.1998. So considering the age of victim, her consent becomes immaterial and her willingness to stay with the accused is also not considerable at all and apparently she is a minor girl.