Excerpt
A division bench consisting of Honorable Justice Arup Kumar Goswami and Justice C. Praveen Kumar gave orders on the writ petition no. 2362 of 2021 in Nagabathula Durga@ Naga Durga@ Suseela v. the State of Andhra Pradesh. The petition was filed by the Petitioner seeking to issue a writ of habeas corpus and alleged that her daughter was kidnapped and raped by Respondent no. 10 (Dake Sai).
Facts
In this case, the Petitioner alleged that her 17 years old daughter was kidnapped and raped by Respondent no. 10 (Dake Sai). The Petitioner mentioned that the marriage was going to be solemnized between the minor and Respondent no. 10 (Dake Sai) on 09.12.2020. Even after a complaint had been registered, the tehsildar and the sub-inspector of police did nothing and just became mute spectators. Respondent no. 6, the superintendent, children’s home, women’s development, and child welfare department, took the steps and handed over the girl to her parents and it is alleged that Respondent no. 10 (Dake Sai) again kidnapped her. The Petitioner placed reliance on the birth certificate issued by gram panchayat on 09.12.2020 wherein the date of birth was shown 07.05.2003. The Petitioner claimed her daughter to be a minor and therefore wants the court to issue a writ of habeas corpus.
Arguments Advanced
The learned counsel for the Respondents submitted before the court that a memo was filed on 18.02.2021 on behalf of Respondent no. 9, a secondary school certificate of the petitioner’s daughter issued by the board of secondary education is enclosed. The said certificate shows the date of birth as 25.09.2002. Therefore, the Petitioner’s daughter is not a minor.
The petitioner’s counsel submitted before the court that her daughter was a minor and kidnapped by Respondent no. 10 (Dake Sai). Further, it was added that the Respondent committed rape on the girl.
Court’s Analysis
The Court after listening to the submissions of both sides analyzed the facts. The Court noted that obtaining of certificate by the petitioner from the gram panchayat was not needed when the secondary education certificate could be produced before the court. The court placed reliance on the secondary education certificate issued by the Board of Secondary Education. Further, the statement of the petitioner’s daughter recorded under Section-164 of Cr.P.C had stated that her age was 19 years. In the statement, it was mentioned that she voluntarily and without any coercion went with Respondent no. 10(Sai) as they had a love affair. She stated that she refused to go to her parent’s place when police advised her to live with her parents for 5 months but, the child welfare authorities sent her with her parents. Thereafter, her parents forcefully tried to perform her marriage with some other person, so she ran away from her parents’ house.
Court’s Decision
The Court said that there is no illegal detention of the daughter of the petitioner and therefore, this petition for writ of habeas corpus fails. The writ petition is, therefore, dismissed and the daughter being major has the liberty to go anywhere on her own accord.
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