Dear lerned members,
In one of my case u/s 366A IPC, the mother (complainant) of the alleged victim girl produced one birth certificate of the girl wherein her age is shown to be under 18 yrs. At the time of recording of sec 164 statement the girl stated that her age is 21 yrs old. but as the mother produced the birth certificate (which was issued by the concerned authorities) after lodging of the complaint, and stated before the Court that the girl is a monor, the custody of the girl was given to her. In the mean time the accused obtained a certified copy of the genuine birth certificate of the girl (under RTI) from the Registrar of D & B, which clearly shows that her age is above 18 yrs. Moreover the accused got a certified copy of an affidavit sworn by the complainant (mother of the girl) in the year 1990 wherein she stated the date of birth of the girl to be the one which is recorded in the certified copy of the orginal birth certificate (obtained by the accused).
Later on the accused was arrested by the police, who was subsequently released after 30 days of JC. Then the father of the accused lodge a complaint before the Chief Judicial magistrate u/s 195 IPC by alleging that the mother of the girl had adduced false evidence before the Court in order to victimise his son. The magistrate after going through the materials on record and the attached documents, held that as the matter involves fabrication of false evidence, it needs to be investigated by the police and sent the case to the police for investigation.
Now the mother of the girl has preferred a revision before the Sessions Court for setting aside the said order passed by the Magistrate.
Now learned members I am on the side of complainant/victim boy( who suferred due to the false evidence). Can you please help me with relevant citations, material in this regard. Its very urgent as the hearing is fixed on 22nd this month.
