M.Katju, S.U.Khan - (1.) -Heard counsels. The petitioners have challenged the impugned F.I.R. Annexure-1 to the petition under Sections 363/366, I.P.C. of P. S. Cantt, district Gorakhpur.
(2.) WE have been informed that Shashikala who has been mentioned in the impugned F.I.R. will be completing 18 years of age on 1.7.2003. Under Section 3 of the Indian Majority Act, 1875, a person, who has completed 18 years of age is regarded as a major, while those who are not 18 years of age are minors. When a person, whether boy or girl, reaches the age of 18 years, the law deems it that he/she knows his/her welfare and is able to take independent decisions. It may be that in fact the person may not be able to know his/her welfare on reaching the age of 18 years, but the law will deem it that he/she does. Hence, a major is free to go wherever he/she likes or marry anyone. In the eye of law, a minor does not know her/his welfare, and as such, the minor has to be in the custody of his/her guardian. Since Shashikala has not reached the age of 18 years when she either ran away with Narendra or was abducted by him in either case she has to be returned to her guardian until she reaches the age of 18 years. Prima facie, therefore, in our opinion, an offence was committed by the petitioners as they took away a girl, who was less than 18 years of age. This petition is therefore, dismissed. However, the bail application of the petitioners will be decided by the Court concerned expeditiously.;