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Judgment
Present petition has been filed by the petitioner for a direction to the respondents to conduct the medical of victim, namely, Sana, in order to determine the actual age of the victim.
On 01.10.2016, an F.I.R. was lodged by the respondent no. 3 at Police Station Gadarpur, against two persons, including the petitioner, alleging therein that the accused have abducted her minor daughter Sana, aged about 15 years. The said F.I.R. was registered as F.I.R. No. 226 of 2016 relating to offences punishable under Section 363 & 366 I.P.C.
Learned counsel for the petitioner submitted that the complainant alleges that her daughter is minor, who has attained 15 years of age, but; this fact is patently incorrect, inasmuch as, date of birth of Sana in the School Leaving Certificate issued by the Primary School is 01.08.1997 and the same age is also mentioned in the Family Register. He submitted that, as per both these
documents, date of birth of Sana is 01.08.1997 and, on the date of incident, she was running in 20 years of age. He submitted that Sana did not continue with her studies between primary level and high school level, therefore, during board examination of 10th standard, her date of birth was wrongly indicated as 15.05.2001 just to fill up the lacuna of age difference. Learned counsel for the petitioner argued that the date of birth shown in the High School Certificate is not the actual date of birth of Sana, therefore, medical of Sana should be conducted for determining her actual age.
Learned Assistant Government Advocate submitted that medical of Sana has already been conducted for opining commission of rape on her and, in the said medical examination, her age is opined as 14 years.
This Court is not going into this factual controversy, specifically when the High School Certificate is there to suggest the age of Sana. No direction can be issued as prayed for. Consequently, the writ petition is dismissed. However, it is only open for the Investigating Team to get the medical conducted of Sana regarding her age, if from appearance the said girl appears to be healthy and major.