Value of the statement of a victim of abduction
When the school certificate
and the doctor's opinion show that the victim is a minor girl below the age of
18 years, prima facie there is no reason to disbelieve the mother's statement
that she is a minor and she is a victim of abduction. In a case like this, it
is difficult to appreciate how can a ward's statement be preferred to that of
his or her parents on the question of his or her age. Khairunnessa Vs. Illy
Begum and another, 16BLD(AD)124
Value of the statement of
the victim on her age
When the school certificate
and the doctor's opinion show that the victim is a minor girl below the age
of 18 years, there is no reason prima facie to disbelieve the mother's statement
that she is a minor and she is a victim of abduction or kidnapping. In such a
case, to give credit to the girl for her statement is to assume that she must
have been born before her mother. It will have to be assumed further that the
mother is an enemy of her daughter and the mother was falsely claiming her to
be a minor and further that the welfare of the victim girl would be safe and in
her own hands than in the hands of her parents. In a case like this, it is
difficult to appreciate how can a ward's statement be preferred to that of his
or her parents when the question is about his or her age. Khairunnessa Vs. Illy
Begum and another, 16BLD(AD) 124
