Following the strict stand taken by the Lucknow Bench of the Allahabad High Court, police have recovered a 15-year-old girl who had been kidnapped. On Thursday, the police produced the girl in court after which the court ordered them to hand over the girl to her mother.
A single-judge bench of Justice Vikas Kunvar Srivastav passed this order while hearing a Habeas Corpus filed by the minor girl through her mother.
Pursuant to the order of the Court dated December 14, 2021, the Station House Officer, Para, District Lucknow appeared before the Court and submitted that a team of STF was constituted to recover the detenue girl and the team is succeeded to recover her from District Raebareli where she was residing in a rented house with the accused Waris S/o Kalim.
After having been produced before the Magistrate and subjecting her to medical examination, she was produced in Court on the date fixed for production of the detenue. The age of detenue girl, undoubtedly on the basis of date of birth recorded in her school migration certificate as March 24, 2006, is about 15 years.
The Court stated that the detenue being a young girl child of tender age cannot be reasonably expected to decide rationally her future or exercise discretion on her own.
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The Court noted that the detenue girl child though has given the statement before the Magistrate that she consented to go with accused Waris and to reside with him making physical and sexual contact with him but law does not recognize such consent to be binding on her unless she attains the age of majority. She has a future life to be decided by her parents or her lawful guardians with regard to education, well being and even to advise her on attaining the age of majority for her marriage.
“Though, the mother would also be bound by her decision as to marriage which she takes on attaining the age of majority but at present she needs to be handed over in the custody of mother from the Court whether or not she wants. However, she is willing to go with mother,”
-the Court said.
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“The mother, pursuant to the order of the Court dated December 14, 2021, is also personally present in Court. The detenue girl child is handed over to her mother in the Court itself so as to get her back to her home. The Court directed the Station House Officer, Para, Lucknow to provide safe custody to the mother and daughter until they reach their home and further to keep the reasonable vigil over them so that they cannot be harassed, embarrassed and even teased by the accused and his family members, otherwise their action may ensue some evil consequences,”
-the order reads.
Accordingly, the court disposed of the petition.