Mariappan vs State

Arunachalam, J.—The Petitioner has filed this petition u/s 482 , Code of Criminal Procedure to set aside the order passed by the Judicial

Second Class Magistrate I, Tirunelveli dt. 25-10-1988 in Crl .M.P. No. 2048/88 on his file directing detention of Selvi, the victim in the alleged crime in the Government Rescue Home at Tirunelveli.

A few facts need narration. The Petitioner is the accused in Cr. No 251/88 of Manur Police Station, Tirunelveli District registered for an offence

punishable u/s 366 I.P.C. The Petitioner was released on bail by the Court of Session, Tirunelveli. The victim girl Selvi who is alleged to have been kidnapped by the Petitioner was sent for medical examination by the Judicial Second Class Magistrate, 1, Tirunelveli for ascertaining her correct

age. According to the trial court, the medical evidence disclosed that the victim Selvi had completed 18 years of age and was a major. The victim

Selvi has stated before the court that she had completed 20 years of age, that she married the Petitioner on her own volition and she wanted to live with him. When she was questioned again by the learned Magistrate it appears that she was not willing to go with the Petitioner. However the definite prima facie finding of the trial court is that the victim Selvi is a major having completed the age of 18.

The order of the learned Magistrate directing detention of Selvi in the Government Rescue Home is clearly wrong. There appears to be no

provision under the Code of Criminal Procedure warranting such detention, in a case u/s 366, I.P.C. in a destitute home. The very same question was considered by this Court in Muthuswami, In re1, by Kailasam, J.; as he then was and the view taken therein that there was no such power was reiterated by Maheswaran J., in Crl. M.P. No. 4290/80. Obviously the order of the learned Magistrate directing detention in a Rescue Home is wrong and the same is liable to be set aside and is accordingly set aside. This petition is allowed.