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Maharani Dassi Vs. Commissioner of Police - Court Judgment

LegalCrystal Citation
CourtKolkata
Decided On
Judge
Reported in91Ind.Cas.895
AppellantMaharani Dassi
RespondentCommissioner of Police
Excerpt:
calcutta suppression of immoral traffic act (xiii of 1923), section 5 - criminal procedure code (act v of 1898), section 491--police taking charge of girl under 16--girl attaining age of 16, whether can be kept under charge. - 1. it appears from the report of the police surgeon that the girl maharani dassi is over 16 years of age. she was removed from a brothel under the provisions of the calcutta suppression of immoral traffic act, 1923, and placed in a girls' school where she was receiving education. when the school closed for the annual vacation, she was placed in charge of a gentleman of the locality in compliance with the request made by a respectable gentleman who is interested in her. the police took all possible care for the welfare of the girl. it took charge of her under section 5 of the act as she appeared to be below 16 years of age. this rule was issued under section 491 cr.p.c., for an order of this court that she might not be further kept in charge of the police and be set at liberty. now it.....
Judgment:

1. It appears from the report of the Police Surgeon that the girl Maharani Dassi is over 16 years of age. She was removed from a brothel under the provisions of the Calcutta Suppression of Immoral Traffic Act, 1923, and placed in a girls' school where she was receiving education. When the school closed for the annual vacation, she was placed in charge of a gentleman of the locality in compliance with the request made by a respectable gentleman who is interested in her. The Police took all possible care for the welfare of the girl. It took charge of her under Section 5 of the Act as she appeared to be below 16 years of age. This Rule was issued under Section 491 Cr.P.C., for an order of this Court that she might not be further kept in charge of the Police and be set at liberty. Now it appears that according to her own and her mother's statement as also in the opinion of the Police Surgeon she is over 16 The Police has no further jurisdiction to exercise under the Act of 1923. We, therefore, direct that she be immediately set at liberty.


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