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Judgment
V. K. Jadhav, J
Rule. Rule made returnable forthwith. By consent of the parties, heard finally at admission stage.
Learned Public Prosecutor Mr. D. R. Kale submits across the bar an affidavit-in-reply of respondent no.3. Learned Public Prosecutor submits that
the Investigating Officer has expressed an apology for not producing the missing girl immediately when she was traced out. The said apology is
accepted with a warning that the Investigating Officer should not commit similar mistake in future.
The missing girl Deepali, aged 14 years and 8 months is produced before us at 2.30 p.m. in the open court today. Her date of birth is 17. 04.2007 as
stated by her in her statement recorded by the Investigating Officer. She has stated before the police that on 18. 10.2021 at about 6.00 p.m., accused
Deva had called her on the mobile phone of her granfather and further asked her to come near Maroti temple at 8.00. p.m. and threatened her that if
she would not come, he will commit suicide. Thus, the girl Deepali went to the Maroti temple. The said accused Deva met her there and expressed his
love. However, the victim refused to accept the said love expression. It has been further stated by missing Deepali in her police statement that
thereafter, the said accused took her forcibly on his motorcycle to Ahmednagar and committed rape on her against her will.
We have interacted with missing girl Deepali in the open court. She has told us that her statement came to be recorded by the police as per her say.
She has stated before us that she was not willing to join the company of the accused on the day of incident. She has further stated that the statement
recorded by the police is correct and recorded as per her say. We are not going into the details of that statement. However, the missing girl Deepali is
studying in 9th standard in English School, however the medium is Marathi, and her date of birth is 17.04.2007. Thus, according to the missing girl
Deepali, her age is 15 years as on today. She has expressed herself that she wants to go to her parents' house. The petitioner-father, along with his
wife, is present before us. Both of them are willing to take Deepali with them. They have assured us in the open court that they will not trouble her in
any manner and they will give priority to the completion of her education.
In view of the same, the missing girl Deepali Anil Pandure. Shall be given in the custody of the petitioner forthwith. The Investigating Officer is free
to proceed with the investigation of the crime already registered against the accused. The Rule is made absolute in the above terms and the habaes
corpus writ petition is accordingly disposed off.