JUDGEMENT
-
(1.) WE passed the following order on 04.4.2011:
Affidavit of Shri Brij Lal, Special Director General of Police, Law & Order and also Crime and STF, Uttar Pradesh, filed in Court is taken on record.
Pursuant to our last order dated 14.03.2011, Km. Renu, alleged detenue, has been produced in Court. Her date of birth as recorded in the school records is 05.02.1997, whereas in the medical report submitted by Emergency Medical Officer, District Hospital, Lakhimpur Kheri, her age has been found to be about 18 years. The medical report does not contain requisite information. Though it mentions that no definite opinion can be given about commission of rape but it seems to be contrary to the fact that the detenue claimed to have stayed with accused Guru Prasad for about 6 months. Moreover, she claims to have married the accused in a temple in Delhi.
Thus, we direct a detailed medical examination of the detenue by the Civil Hospital, Lucknow. The Superintendent, Civil Hospital, Lucknow, shall do the needful and submit a complete medical report before the next date of listing.
In the meantime, the Petitioner detenue shall be lodged in Women Protection Home, Lucknow.
Accused Guru Prasad and Petitioner detenue shall be produced in Court on the next date of hearing. Their parents shall also remain present in Court. List on 07.04.2011.
(2.) PURSUANT thereto, the alleged detenue was medically examined by a Board of Doctors and the Board has given the opinion as under:
1. Acc. to C.M.O's report dt. 06.4.2011 her age is about (16) sixteen years.
2. USG report shows no gestational sac, but the preg. test is positive. So pregnancy is not confirmed. USG to be repeated after one month.
No opinion regarding rape can be given. She is habitual of intercourse.
Dr. R. Chawla Dr. K.L. Bajpai Dr. Tina Gupta
(3.) DURING the course of arguments, father of Petitioner Sri Laxmi Narain Mishra placed on record two original documents namely, Marks -sheet of Class v. and transfer certificate issued by the same Head Master of the same Primary School, Singhakala, District Lakhimpur Kheri. In the marks -sheet, the date of birth is recorded as 11.8.1996 and mother's name as Smt. Kamla, whereas in the Transfer Certificate (T.C.), the date of birth is mentioned as 05.2.1997 and mother's name as Smt. Maya Devi.;
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.