Uttarakhand High Court
C528/1668/2025 on 2 May, 2026
Office Notes,
reports, orders
or proceedings
SL.
Date or directions COURT'S OR JUDGE'S ORDERS
No.
and Registrar's
order with
Signatures
C528 No.1668 of 2025
Hon'ble Alok Mahra, J.
Mr. Ravi Shankar Kandpal, Advocate
for the applicant.
Mr. Manoj Bhatt, Brief Holder for
the State of Uttarakhand.
2. A complaint was lodged by the
Revenue Sub-Inspector, Circle Jakhera,
Tehsil Garur, District Bageshwar, alleging
that the concerned Naib Tehsildar
received information from a hospital that
the victim had visited for a routine
medical check-up. During such visit, the
victim disclosed that she had married the
applicant. Upon verification of her age
through her Aadhaar Card, she was
found to be a minor and pregnant.
Consequently, an F.I.R. was registered,
and upon completion of investigation, a
charge-sheet was filed against the
applicant.
3. Learned counsel for the applicant
submits that, as per the statements of
the victim recorded under Sections 161
and 164 Cr.P.C., as well as her
deposition before the trial Court as P.W.-
1, she has categorically stated that she
married the applicant on 31.01.2024 and
that a male child has been born out of
the said wedlock. It is further submitted
that the victim has deposed her age to
be 20 years and asserted that her age
has been incorrectly recorded in her
Aadhaar Card. It is also contended that
there is no birth certificate available, and
due to an error committed by her uncle
at the time of school admission, her age
was recorded approximately five years
less than her actual age.
4. As prayed, four weeks’ time is granted
to learned State Counsel to file counter
affidavit.
5. List after four weeks.
6. Having regard to the submissions
advanced by learned counsel for the
applicant, and considering the fact that the
parties are married, a child has been born
from the said relationship, and no objection
or complaint has been raised by any family
member of either side, it is directed that, till
the next date of listing, further proceedings
of Special Sessions Trial No. 25 of 2024,
pending before the Court of learned Special
Sessions Judge (POCSO Act), Bageshwar,
shall remain stayed.
(Alok Mahra, J.)
02.05.2026
Arpan