Kanhaiya vs State Of U.P. And 4 Others
2022 Latest Caselaw 5856 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 85
 

 
Case :- CRIMINAL REVISION No. - 2619 of 2022
 

 
Revisionist :- Kanhaiya
 
Opposite Party :- State Of U.P. And 4 Others
 
Counsel for Revisionist :- Alka Upadhyay,Manish Tiwari
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Brij Raj Singh,J.

Heard Ms. Alka Upadhyaya, learned counsel for the revisionist and learned A.G.A. for the State.

The present criminal revision has been filed against the judgment and order dated 03.06.2022 passed by Additional Session Judge/Special Judge (POCSO Act)- 1st, Hathras in Case Crime No.130 of 2022, under Sections 363, 366, 376 I.P.C. and Section 5/6 POCSO Act, Police Station- Hathras Gate, District- Hathras.

The opposite party no.2 is the father of the prosecutrix had filed application before the Court below to hand over the custody of prosecutrix in his favour. The age of the prosecutrix is found 15 years as per her certificate. The prosecutrix is minor, therefore, any marriage in the eye of law is void. The custody of the prosecutrix cannot be given to husband- Kanhaiya who claims to be her husband because admittedly the girl is minor of 15 years of age. The order passed by the Court below handing over the custody to father is perfect and needs no interference, there is no perversity or illegality in the impugned order. This criminal revision lacks merit and is liable to be dismissed.

The criminal revision is hereby dismissed.

Order Date :- 4.7.2022

Krishna*