Ladu Ram vs State Of Rajasthan
2021 Latest Caselaw 19177 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN JODHPUR

D.B. Habeas Corpus Petition No. 261/2021

Ladu Ram

----Petitioner Versus

State of Rajasthan & Ors.

----Respondents

For Petitioner(s) : Mr. C.P. Soni, Mr. Manohar Paliwal, Ms. Sarita Soni

For Respondent(s) : Mr. Anil Joshi, GA-cum-AAG

Mr. Dinesh Bishnoi for respondent No.6

Mr. Sumer Singh, HC-285, PS Kudi Bhagtasni, Jodhpur, present in person

HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE RAMESHWAR VYAS

Judgment / Order

16/12/2021

Mr. Dinesh Bishnoi, learned counsel appearing for the

respondent No.6 has produced the corpus before this

Court today. Mr. Bishnoi has submitted that the

prosecutrix is major as her date of birth is 18.11.2003. A

phot stat copy of birth certificate of the corpus is also

produced, copy whereof has been supplied to Mr. Joshi,

(2 of 3) [HC-261/2021]

GA, who may verify regarding genuineness of the said

certificate.

As per the school record collected by the police

during the course of investigation, the date of birth of the

corpus is 28.11.2006, as such, as on date she has not

attained majority.

We have interacted with the corpus in camera and

she has stated that she is not ready to go with the

petitioner, who is her father and insisted that she wants

to go with the respondent No.6.

As observed earlier, as per the school record, the

date of birth of the corpus is 28.11.2006, as such, she is

minor, but since she is not ready to go with her parents,

we direct the respondent - State to lodge the corpus in

the Balika Grah, Jodhpur till the next date of hearing.

Mr. Joshi is directed to submit the report regarding

birth certificate of the corpus on the next date of hearing

and he may also inquire as to whether there is any

change in the year/date of birth of the corpus in the

Aadhar Card, Ration Card etc.

Further, it is ordered that the parents of the corpus

can meet her in the Balika Grah, if she desires so and

except them, nobody else will meet her in the Balika

Grah.

                                                             (3 of 3)                                [HC-261/2021]


                                       List on 4.1.2022.

On that day, the corpus shall be produced before this

Court.

The factual report dated 14.12.2021 be taken on

record.

(RAMESHWAR VYAS),J (VIJAY BISHNOI),J

101 - ms rathore

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