- (1.) By means of this revision petition revisionist Smt. Parwana Bano has challenged the order dated 13.08.2014 passed by learned Sessions Judge, Sharavasti wherein the revisionist Smt. Parwana Bano the prosecutrix of Criminal Case No. 665 of 2014, under Section 363, 366, 376 I.P.C. & Section 4 of Prevention of Children from Sexual Offences Act,2012 , P.S. Kotwali Bhinga, District Shravasti was given in the custody of her father opposite party no. 2 after holding her to be below 18 years of age. This revision petition has been preferred by Smt. Parwana Bano through her bother-in-law Sabit Ali with the prayer to set-aside the impugned order.
(2.) The order has been challenged on the ground that the prosecutrix Parwana Bano is a married lady. Her first husband was Ali Ahmad @ Baidhey with whom marriage was taken place on 06.07.2009. Thereafter, she married with Jakir Hussain. A Nikahnama was executed on 31.12.2013 at Delhi. Thereafter, an F.I.R. has been lodged under Section 364 I.P.C. against Jakir Hussain and five others for kidnapping of Parwana Bano with intent to commit her murder. It has been alleged in the F.I.R. that age of the prosecutrix was about 16 years and her date of birth is 21.08.1997. The said incident was occurred on 23.12.2013. Thereafter, police recovered the prosecutrix and she was medically examined wherein she was found aged about 17 years on the basis of ossification test. Her statement under Section 164 Cr.P.C. was recorded wherein she deposed her age as 20 years. Thereafter, charge sheet was submitted under Section 363, 366, 376 I.P.C. & Section 4 of Prevention of Children from Sexual Offences Act,2012. After recording the statement under section 164 Cr.P.C. the impugned order has been passed.
(3.) It has been submitted by the counsel for next friend of the revisionist that the age of the revisionist mentioned in Nikahnama is more than 18 years. It was further submitted that in view of the judgment of Apex Court in case of Jaya Mala Vs. Home Secretary Government of Jammu and Kahsmir, 1982 AIR(SC) 1297 there shall be a variation of three years on both the sides in the age determent on the basis of ossification test. Therefore, her age shall not be less than 20 years. It was further submitted that the revisionist has given statement before Magistrate to go with her husband Jakir Hussain and as the prosecutrix is married and above 18 years of age, she should be set at liberty to go where she wants to go. The order of handing over Parwana Bano to her parents is not legally sustainable and is against the law. In support of her contention she has relied upon the judgement of Division Bench of this Court in case of Smt. Arti and Anr. Vs. State of U.P. And others,2012 3 JIC 189.;