BADAR DURREZ AHMED, J.

( 1 ) THE petitioner has been in custody since 28. 10. 2004. The learned counsel for the petitioner submits that the petitioner and the prosecutrix were married in the Arya Samaj Mandir on 27. 08. 2004, a certificate to that effect is placed at page 21 of the paper book. He submits further that a marriage certificate under the Hindu marriage Act, 1955 (hereinafter referred to as the hindu Marriage Act ) and particularly Section 8 thereof has been obtained which is placed at page 23 of the paper book. The said registration was done on 03. 09. 2004 before the ADM / marriage Officer. The date of birth of the prosecutrix admittedly is 07. 08. 1986 which would not make her a minor on the date of occurrence of the incident in respect of the provisions of Section 376 IPC. Furthermore, the learned counsel for the petitioner pointed to a letter dated 17. 09. 2004, a copy whereof is placed at page 25 of the paper book which has been written by the prosecutrix to the SHO Anand Vihar police Station stating that her marriage was solemnised on 27. 08. 2004 with one dharmesh Kumar at the Arya Samaj Mandir and the same had been registered before the Registrar of Marriages a

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