though the offence alleged is one under Section 376 of the Indian Penal Code and under Sections 7 and 8 of the POCSO Act, we deem it appropriate to exercise our jurisdiction under Article 226 of the Constitution of India and under Section 482 of the Criminal Procedure Code. We are persuaded to do so having regard to the judgment of the Apex Court in the matter of Narinder Singh vs. State of Punjab , reported in (2014) AIR SCW 2065 as also the judgment of the Apex Court in the matter of Gian Singh vs. State of Punjab and anr. reported in (2012) 10 SCC 303 especially having regard to the tests laid down in the judgment of the Apex Court in Narinder Singh's case (supra). As indicated above, we deem it appropriate to follow the instant course of action having regard to the interest of the child and her future. We are also the view that such a course of action would result in the child Kajal getting an opportunity to start life afresh. The above Writ Petition is accordingly allowed in terms of prayer clause (a). However we make it clear that the relief granted is in the peculiar facts and circumstances of the case.
