Allahabad, August 2, 2024 — The Allahabad High Court has issued an order providing conditional relief to Mohammad Kaif and another petitioner in a criminal case involving charges under Sections 137(2) and 87 of the Bharatiya Nyaya Sanhita (B.N.S.), 2023. The case revolves around allegations of abduction and kidnapping, with the first information report filed on July 5, 2024, at Kotwali Fatehpur police station, District Fatehpur.
The petitioners, represented by counsel Shri Tahir Ali, challenged the FIR, contending that the second petitioner, Babynazz, had accompanied the first petitioner, Mohammad Kaif, of her own volition, rather than being abducted.
In an order passed on July 24, 2024, the court directed that the statement of the second petitioner, Babynazz, be recorded under Section 164 of the Criminal Procedure Code (Cr.P.C.) before a Magistrate by July 31, 2024. The court also restrained the authorities from taking any coercive action against the petitioners until the next hearing, scheduled for August 2, 2024, provided the petitioners cooperated with the ongoing investigation.
However, according to the counsel for the petitioners, despite the presence of the victim for the recording of her statement, the Investigating Officer failed to facilitate this process.
During the hearing, the State’s counsel highlighted that according to Class IX records, the victim’s date of birth was January 1, 2008, implying that she was a minor at the time of the alleged incident. Despite this, the State acknowledged that there was no concrete proof to establish the victim’s age.
The court, referencing a precedent set by the Hon’ble Supreme Court in Suhani vs. State of U.P., ordered an age determination test for Babynazz. “We direct that the petitioner no. 2 be produced before the Magistrate concerned for recording her statement under Section 183 of the Bharatiya Nagarik Suraksha Sanhita (B.N.S.S.), 2023,” the court stated. It further ordered that Babynazz undergo an ossification test by a panel of three doctors to determine her age. The court mandated that both these procedures be completed by September 12, 2024, or within six weeks of the order.
Significantly, the court clarified that the petitioners would not be arrested during this period, conditional upon their cooperation with the investigation. The outcome of the age determination test and the statement recorded under Section 183 B.N.S.S. would be critical in determining the petitioners’ legal standing. Should it be found that the victim had attained the age of majority and her statement favored the first petitioner, the court ruled that “the petitioners shall not be arrested till the submission of the report by the police under Section 173(2) Cr.P.C.” Conversely, if the evidence indicated otherwise, legal procedures would follow, and the protection granted to the petitioners would be vacated.
The writ petition was subsequently disposed of by the court.
