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SCR.A/1354/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 1354 of 2010
=============================================================
ANSARI
NAFISHA ISAMUDIN - Applicant(s)
Versus
STATE
OF GUJARAT & 3 - Respondent(s)
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Appearance :
MR
DIPEN K DAVE for
the Applicant
MR DIVYESH SEJPAL, APP for the Respondent No.1
None
for the Respondent Nos.2 to
4
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CORAM
:
HONOURABLE
MR.JUSTICE JAYANT PATEL
and
HONOURABLE
MR.JUSTICE BANKIM.N.MEHTA
Date
: 16/08/2010
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE JAYANT PATEL)
1. The
present petition has been preferred by the petitioner mother to
set her daughter Rahenumakhatun free on the allegation that she has
been wrongly confined by respondent No.4 Chandmiya Pirumiya Shekh.
2. Pursuant
to the earlier order passed by this Court, corpus Rahenumakhatun is
present with the Police Officer Shri MM Vasava, Police Inspector,
Danilimda Police Station.
3. We
have inquired about the free will and desire of the corpus. She has
declared before us that she has gone voluntarily with respondent No.4
and there was no abduction or seduction or kidnapping by respondent
No.4. She has declared before us that she has voluntarily married
and she is desirous to stay with respondent No.4.
4. On
the aspect of birth date, as recorded earlier vide order dated
29.7.2010, the birth date of the corpus is mentioned as 25.4.1995,
but the same is registered only on 30th June, 2010 and
therefore, the reliability of the said birth date is at doubt.
However, the ossification test report has been submitted by the
Police and as per the said ossification test of the corpus, she is
found to have been aged between 19 years and 22 years. Under the
circumstances, it cannot be said that the corpus is having the same
age as mentioned in the birth date certificate.
5. Under
the circumstances, we set the corpus free. She shall be at liberty
to stay with her husband Chandmiya Pirumiya Shekh.
6. Petition
disposed of accordingly. Rule discharged.
(JAYANT
PATEL, J.)
(BANKIM.N.MEHTA,
J.)
shekhar/-
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