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In a first,a Chandigarh lower court has initiated perjury proceedings against a minor for taking a U-turn from her statements in the court. Additional District and Sessions Judge Shalini Singh Nagpal has initiated perjury proceedings against a 15-year-old girl who was allegedly kidnapped last year. The victim turned hostile,and the accused was acquitted of charges of kidnapping,abducting a girl to compel her for marriage and wrongful confinement. It is for the first time that perjury proceedings have been initiated against a minor.
The 15-year-old victim,who worked as the domestic help in Sector 18,was allegedly kidnapped by a person whose brother-in-law worked as the domestic help on the ground floor of the same building. The court has,in the judgment,ordered perjury proceedings against the 15-year-old for giving false evidence,as she denied the occurrence of the entire incident.
The infirm stand of the victim and her contradictory statements before Juvenile Justice Board and the sessions court cannot be overlooked. The shifting stand of the witness before two courts renders her evidence brittle on which no reliance can be placed, the court held.
However,the fact that the father of the victim had given a complaint that his daughter was abducted by Siya Ram (the main accused),the judgment reads that his role was no more than to report the matter to the police.
The case dates back to March 19 last year when the father of the victim lodged a complaint at Sector 19 police station. According to the complaint,on January 31 last year,the victims father received a call enquiring about the whereabouts of the victim who had not reached her workplace.
The victims employers told Siya Ram that the 15-year-old was friends with two servants on the ground floor of the same building. It was suspected that the victim was allegedly enticed by one of the two servants,Jawahar,with assistance of the other,Vijay.
Police had registered the case of kidnapping. On September 3 last,the victim was traced and examined at GMSH,Sector 16. Her ossification test was done,according to which she was said to be about 15 years old.
Statements of the victim were recorded in the presence of a magistrate in which she had stated that she was abducted by accused Siya Ram,his brother-in-law Jawahar and Diwari Lal. Police had then arrested Siya Ram and Diwari Lal,and Jawahar was produced before the Juvenile Justice Board. Reportedly,accused Siya Ram had asked Jawahar to keep the victim at his residence in Uttar Pradesh.
During the course of trial,the victim took a U-turn stating that she never had any interaction with Jawahar and nothing happened in January 2012. The witness was declared hostile and the two accused arrested were acquitted of all charges.
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