Dismissed

Km. Khushaboo Singh and Another v. State of U.P. and 5 Others

Allahabad HC17 Sept 2020HABC/218/2020

Case brief

AI extract

What is this about?

Father filed habeas corpus petition seeking release of his daughter from husband's custody. Court relied on medical report showing she is 19 years and major, rejecting unreliable school documents. Rule discharged; petition dismissed permitting detainee to return to husband.

What did the court decide?

Rule discharged; writ petition dismissed; detenue permitted to go with husband under police escort.

Km. Khushaboo Singh and Another Vs State of… — Child Sexual Offences (POCSO) | Allahabad HC (2020)

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Court No. - 66

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Case :- HABEAS CORPUS WRIT PETITION No. - 218 of 2020

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Petitioner :- Km. Khushaboo Singh And Another Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Dhirendra Singh Rajput Counsel for Respondent :- G.A.

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Hon'ble J.J. Munir,J.

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The detenue, Km. Khushaboo Singh was produced before this Court earlier in compliance with the rule nisi issued on 27.08.2020. This Court recorded her stand in the order dated 16.09.2020 verbatim, where she indicated that she had married Shivam Singh and was living with him at Bhusawal. She had asserted that her age is 18 years. She had also indicated that she wants to go back to her husband and does not want to go back to her father.

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This petition is filed by the father asking that the detenue, Khushaboo Singh be released from the illegal custody of her husband, respondent no.4 and his relatives respondent nos.5 and 6. The stand of Khushaboo Singh for a fact does not support the petitioner's contention.

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On an objection of the learned A.G.A. it was noticed that the School Leaving Certificate issued from Baram Baba Prathmik Vidyalaya, Charwa, District Kaushambi shows the date of birth of the detenue recorded to be 01.07.2007, by which she reckons to be a minor.

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This Court ordered the detenue to be medically examined, as the school certificate was seriously challenged by her. She was ordered to be medically examined by a Board of three doctors to be constituted by the Chief Medical Officer, Prayagraj, vide order dated 16.09.2020. The report of the Medical Board has been submitted to this Court alongwith a covering letter of the Chief Medical Officer, Prayagraj dated 17.09.2020 in sealed cover. The sealed cover was ordered to be opened in the Court. The medical report shows that Khushaboo Singh was evaluated for her age based on an ossification test by a Board of three Doctors, which includes the Chief Medical Officer and two Additional Chief Medical Officers. She has been estimated on the basis of the ossification test, to be aged about 19 years.

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Learned A.G.A. pointed out that this Court cannot look into the medico-legal report going by the provisions of Section 94 (2) of

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the Juvenile Justice (Care and Protection of Children) Act, 2015. This Court, therefore, summoned the Head Master of the concerned school to verify whether the School Leaving Certificate is one that faithfully records her age. In compliance with the said direction, Jai Prakash Singh, an Assistant Teacher of the school concerned is present on behalf of the Head Master as the Head Master is reported to be ailing with Malaria. He has produced the S.R. Register. He has pointed out that Khushaboo Singh's name does appear in the S.R. Register and the Transfer Certificate Form of which this register is comprised, shows that Khushaboo Singh was admitted to the school in class IV^th on 07.04.2015 and left school on 30.03.2017, upon passing her class V^th .

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It is apparent from the perusal of this register that this is not the first school which Khushaboo Singh has attended. The register does not show any reference to her records from the school where she passed her class III^rd examination or earlier examinations where the date of birth could have been earliest recorded. It also does not indicate basis on which the scholar's date of birth has been entered. This Court asked the Assistant Teacher that who had admitted the scholar to class IV^th , on what basis the date of birth was entered in the register and what is her recorded date of birth in the earlier records. He said that it must be on the basis of education received at home. This kind of an entry in the S.R. Register is absolutely undependable and bogus.

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In the opinion of the Court, therefore, no reliance can be placed on the birth certificate placed before this Court in the form of a School Leaving Certificate issued by Baram Baba Prathmik Vidyalaya, Charwa, District Kaushambi. There is no case about there being any age certification from any Panchayat Authority that would rank next under Section Section 94 (2) of the Juvenile Justice (Care and Protection of Children) Act, 2015. The Court, therefore, has no option but to rely the medical certificate issued by the Chief Medical Officer, Prayagraj. The age of the detenue has been scientifically determined at about 19 years and by her appearance also she is a major. She has clearly expressed her desire to go back with her husband with whom she is living already.

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In the circumstances, this Court does not find any good ground to make the rule absolute. The rule is, therefore, discharged.

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In the result, this writ petition stands dismissed .

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The detenue, Khushaboo Singh, is free to go with her husband,

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Shivam Singh.

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Khushaboo Singh will be escorted with her husband in the security of the police, but free.

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The Registers produced before this Court shall be returned to Jai Prakash Singh, Assistant Teacher, Baram Baba Prathmik Vidyalaya, Charwa, District Kaushambi, which he shall receive in Court forthwith.

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Order Date :- 17.9.2020 Atul

Km. Khushaboo Singh and Another v. State of U.P. and 5 Others

Case brief

What is this about?

What did the court decide?

Km. Khushaboo Singh and Another v. State of U.P. and 5 Others

Case brief

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What did the court decide?

What the court decided

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