Rajasthan High Court - Jodhpur
Mahendra Singh vs State Of Rajasthan & Anr. on 28 January, 2015
Author: Vijay Bishnoi
Bench: Vijay Bishnoi
1
S.B. CRIMINAL MISC. PETITION NO.2909/2014
Mahendra Singh V/S State of Rajasthan & Anr.
Date of Order : 28.01.2015
HON'BLE MR. JUSTICE VIJAY BISHNOI
Mr Manoj Purohit, for petitioner. Mr O.P. Rathi, Public Prosecutor. Mr Rajesh Charan, for respondent No.2. Mr Chhagan Singh, Dy.S.P., Kota City, CO-III, present in person.
This criminal misc. petition under Section 482 Cr.P.C. has been filed by the petitioner while challenging the charge-sheet No.88/2014 arising out of FIR No.98/2014 of Police Station, Raila, District Bhilwara for the offences punishable under Sections 363 and 366-A IPC. Brief facts of the case are that the FIR No.98/2014 was registered at Police Station, Raila, District Bhilwara on 13.04.2014 at the instance of respondent No.2 with the allegations that his niece came to his house on 02.04.2014 and suddenly disappeared on 03.04.2014 and as per his information, she has been abducted by unknown person from Bera Choraha. It is contended in the FIR that even after thorough search, he has not found any clue about his niece, however, the petitioner-Mahendra Singh 2 has informed his brother Brahmannand on telephone from Ratlam that he has abducted his daughter and if any action is taken against him he will sell the girl and make the life of all his family hell. In the complaint it is lastly contended that life of his niece is under threat.
After registration of the FIR, the police has recovered the girl from Ratlam on 13.04.2014 and produced her before the court concerned on 14.04.2014.
It is noticed that in her statement recorded under Section 161 Cr.P.C., the girl has clearly stated that at present she is studying in Class-XI. The statement of the girl has been recorded under Section 164 Cr.P.C. on 21.04.2014 before the Judicial Magistrate, First Class No.2, Bhilwara, wherein at the beginning she has stated that her date of birth in the certificate of Class-X is recorded as 07.04.1996. She has also stated that recently she has appeared in Class-XI examination. She has further stated that on 08.04.2014, she has solemnized marriage with the petitioner-Mahendra Singh in Ratlam as per her own will and it is also stated that the 3 petitioner-Mahendra Singh has not abducted her.
It is very strange that ignoring the statement of the girl recorded under Section 164 Cr.P.C., the Investigating Officer while relying on the statement of complainant-respondent No.2 Raja Ram S/o Banshi Lal, Brahmannand S/o. Banshi Lal and Ayodhya Devi W/o Brahmannand (who happened to be father and mother of the girl) and on the basis of a certificate of a private school, concluded that at the time of registration of FIR, the girl was minor. After recording this conclusion, the police has filed charge-sheet against the petitioner for the offences punishable under Section 363 and 366-A IPC.
The police has never attempted to verify the date of birth of the girl recorded in the Mark-sheet of High School Examination. The petitioner has attached a photocopy of the Mark- sheet of High School Examination of the girl, issued by the Board of Secondary Education Madhya Pradhesh, Bhopal wherein the date of birth of the girl is mentioned as 07.04.1996. It is also noticed that the father and mother of the girl have narrated different date of birth 4 of their daughter. The father has stated the date of birth of the girl as 07.04.1997 whereas the mother has stated as 03.05.1997.
It is a sorry state of affairs that when the girl in her statement recorded under Section 164 Cr.P.C. has clearly stated that in the Secondary School Certificate her date of birth has been recorded as 07.04.1996, the police did not make any attempt to recover the said certificate or to further enquire to confirm the date of birth of the girl. It seems that for the purpose of concluding that on the date of incident the girl was minor, the police has placed reliance on a birth certificate issued on 16.04.2014 from Birth & Death Registrar. The said certificate is obtained after the recovery of girl.
Be that as it may, when the date of birth of the girl is recorded as 07.04.1996 in the Mark-sheet of High School Examination, the police should have enquired about the same and, thereafter, should have filed the final report in the case.
In view of the above facts and circumstances of the case, the Superintendent of 5 Police, Bhilwara is directed to conduct enquiry in relation to the date of birth of the girl after taking into consideration the Mark-sheet of High School Examination issued by the Board of Secondary Education, Madhya Pradhesh, Bhopal on 21.05.2013.
Learned Public Prosecutor shall send a photocopy of Mark-sheet of High School Examination of the girl, which is annexed with this criminal misc. petition, to the Superintendent of Police, Bhilwara immediately for further investigation. The police may conclude the further investigation expeditiously preferably within three weeks and submit the factual report before this court on 18.02.2015.
A copy of this order be sent to the Superintendent of Police, Bhilwara.
Interim order passed by this Court on 26.11.2014 shall remain in currency till further orders.
[VIJAY BISHNOI],J.
Abhishek 107