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JITENDRA KUMAR
Bittu Kumar – Appellant
Versus
State of Bihar – Respondent
ORDER
The present petition under Section 482 CrPC has been preferred against order dated 01.10.2015 passed by Smt. Indrani Kisku, Ld. Judicial Magistrate 1st Class, Patna in Shashtri Nagar PS Case No. 770/2014 (GR No. 7562/2015) whereby Ld. Judicial Magistrate has taken cognizance of offence punishable under Section 366(A) of the Indian Penal Code against the petitioner.
2. The relevant facts as emerging from the record are that an FIR bearing Shashtri Nagar PS Case No. 770/2014 was registered against the petitioner and his father, Ramadhar Prasad, for offence punishable under Section 366(A) of the IPC alleging that the petitioner and his co-accused father have kidnapped the minor daughter of the informant with wrong intent. During course of investigation, the statement of alleged victim, Pooja Kumari was recorded by the Ld. Magistrate under Section 164 of CrPC on 04.03.2015, under which she has clearly stated that she is aged about 18 years and she was in love with the accused/petitioner, Bittu Kumar. Later on, she married the accused/petitioner on 03.12.2014 in a Sun Temple, Mustafapur, Bihta and thereafter, she went to Ludhiana along with her husband. Later, she came to know that
The court ruled that no prima facie case existed against the accused as the victim had attained majority and voluntarily left with him, leading to the quashment of proceedings under Section 482 Cr.P.....
The conviction for rape was upheld based on consistent victim testimony, while the conviction for kidnapping was set aside due to insufficient evidence of intent.
Section 375 I.P.C. provides that if a physical relation is being established with or without consent of a lady below 18 years of age it would be deemed to be raped.
Victims' consent and absence of coercion voids charges of kidnapping and sexual assault if sufficient evidence of mutual marriage exists, emphasizing personal liberties and maturity under statutory l....
The main legal point established in the judgment is the reluctance to interfere with criminal proceedings at an interlocutory stage as per the inherent power of Section 482 of the Cr.P.C.
The central legal point established in the judgment is the requirement for clear and consistent evidence to establish the elements of a criminal offense, particularly regarding the age of the victim ....
If a minor voluntarily leaves the guardianship and joins someone without inducement or pressure, no offence under Section 363 IPC is made out if the girl is aged more than 17 years and is mature enou....
Rape – Consent of minor has no legal sanctity.
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