- (1.) HEARD Sri Raj Kumar for the petitioner and Sri Sunil Kumar for respondent No. 4.
(2.) WE had passed an order on 14-2-2007 directing the petitioner, Rahul @ Chunmun, to produce the girl Radha today (29-3-2007 ). Respondent No. 4, Raj Kumar Sharma was also allowed to be present today. However, although Radha and Rahul @ Chunmun are present in the Court today but Raj Kumar Sharma, respondent No. 4, has chosen not to appear. The allegation in the FIR at case crime No. 896 of 2006 under Sections 363/366, IPC, PS Kotwali Nagar, District Bulandshahr, lodged by respondent No. 4 on 27-11-2006 were that the relations of the informant's mama (maternal uncle) Prabhu Dayal Sharma including Rahul, son of Prabhu Dayal Sharma, used to visit their house. On 17-11-2006, Radha, aged about 16 years, had gone for tuition at 5 p. m. and she did not return. On enquiries from the neighbours and relations it was learnt that at 7 p. m. she had been seen going away with the petitioner on a bus headed for Meerut. They were seen by some other relations who did not object because Rahul was a relation of the informant. It was further alleged that the petitioner had enticed away the girl by deceitful means, hence the report was lodged under the aforesaid sections. On 12-12-2006 an interim order was passed in this case staying the arrest of the petitioner on the ground that the victim had wrongly been shown a minor in the FIR whereas she was a major as per her High School certificate and her date of birth was 23-3-1987. The date of birth of the petitioner Rahul @ Chunmun was 1-11-1985. A marriage certificate was also annexed. An application was also given by Radha to the SSP on 4-12-2006 wherein she annexed her High School certificate and certificate of marriage to Rahul on 28-11-2006 and claimed to have voluntarily married Rahul because her brother and other family members wanted her to marry a person twice her age and were unduly pressurizing her for that purpose.
(3.) A short counter-affidavit has been filed on behalf of respondent No. 4 wherein it is submitted that the High School certificate appears to be a forged document and contains a wrong date of birth and to the best of the deponent's knowledge Radha has never appeared in any examination from Hindu Kanya Inter College, Pilakhuwa, Ghaziabad and she did not pass the High School examination in 2006 as a private candidate. We are not impressed by the vague denial of respondent No. 4 that "at the best of knowledge of the deponent" the said certificate was forged as the petitioner has filed a copy of the document in this writ petition as well as before the SSP concerned. He would realize the consequence of filing a forged document. In case, at any stage the said document is found to be forged, action can always be taken against the petitioner or any other person guilty of forging the same. From appearance also, Radha appears to be over 18 years in age. Moreover, it is stated by the learned Counsel for the petitioner that she is pregnant.;