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2016 Supreme(Ori) 1241

V.PRASAD, B.RATH
NIYAZUDDIN KHAN – Appellant
Versus
STATE OF ODISHA – Respondent


Advocates Appeared:
Sudheer Kumar Sahoo and S.S. Chaini, Advocates, for the Opposite Parties; B.S. Tripathy, Advocate, for the Petitioner

JUDGMENT :

1. Ume Kulsun has been produced before us by her father who is also present along with her. Learned Additional Government produced before us the copy of the statement under Section 164, Cr.P.C. recorded by SDJM, Talcher in G.R. Case No. 1068 of 2015. According to the statement, Ume Kulsun was having affair with Manoj Gochhayat and on her own volition she has married with Manoj. We do not want to mention further details of her statement under Section 164, Cr.P.C.

2. Ume Kulsun is a student of +3 1st Year (Arts) of Pabitra Mohan College, Rengali. Before the Magistrate, she has stated her age to be 19 years. When questioned in the Court, she has stated that she is 19 years.

3. Be that as it may, she is major even according to Muslim Law.

On being questioned in open Court, Ume Kulsun states that she does not want to stay with Manoj Gochhayat any more. In cases like the present which is of infatuation, where two persons belonging two different religions falls in love, It creates a very difficult situation for the other person to get wriggle out of the law, when one of them changes the real facts. It is very easy for the women folk to level allegation of abduction and kidnapping i




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