ORDER:

The present criminal petition is filed by the petitioners/accused Nos.2 to 8 seeking to quash the proceedings against them in POSO.SC.No.26 of 2016 on the file of learned I Additional District and Sessions Judge, Nellore.

2. On perusal of the charge sheet it shows that, the accused No.1 with the support and instigation of accused Nos.2 to 5 kidnapped L.W.6, who is a minor girl by luring her with his deceitful words of love and marriage and kept her in the house of accused Nos.6 and 7, who knowingly given shelter to the accused No.1, even the victim is a minor girl and thereafter, the accused No.1 took her to Hyderabad, kept her at Road No.10 Jubilee Hills, Hyderabad, where accused Nos.2 to 5 joined accused No.1 and accused No.1 with deceitful words of love and marriage lured the victim, enjoyed her sexually. Accused Nos.1 to 5 confined the L.W.6 in a room and were guarded her not to talk with her parents, one after another used to threaten her to lead conjugal life with accused No.1 or else they would kill her and also cause harm to her parents under the above circumstances the victim L.W.6 allowed accused No.1 to enjoy her sexually. Accused No.8, who is the friend of accused No.1, also abetted accused No.1 in committing the above offence by giving shelter in his relative’s house.

3. Basing upon the aforesaid allegations, the police forwarded the charge sheet to the jurisdictional Court and it was registered as POSO.SC.No.26 of 2016 on the file of learned I Additional District and Sessions Judge, Nellore, for the offences punishable under Sections 366(A), 376, 342, 506 r/w 109 of the Indian Penal Code, 1860 (for short “I.P.C”) and Section 4 r/w 3 of the Protection of Children from Sexual Offences Act, 2012 (for short “POSCO Act”) in Crime No.171 of 2015 of Sullurpet Police Station.

4. Assailing the same, the present criminal petition is filed on the ground that the victim is a major girl and she is having right to marriage without interference of the parents and with a fear that her family members will take any revenge against her and accused No.1, she consumed poison. Hence, the quoted provisions will not applicable to the present case. Therefore, the learned counsel for the petitioners urged this Court to quash the proceedings.

5. As seen from the charge sheet, there are specific allegations which attracts the supra referred provisions and whether the victim is minor or major girl, is a disputed question of fact, which has to be decided by the trial Court, during the course of trial. Therefore, this Court cannot marshal the evidence at this stage. Hence, this Court found no reasons to allow the criminal petition.

6. Accordingly, the Criminal Petition is dismissed. However, the petitioners are at liberty to raise all the grounds before the trial Court.

As a sequel, miscellaneous petitions, if any, pending in this Criminal Petition shall stand closed.

________________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date:04.04.2024

KBN

THE HON’BLE SRI JUSTICE TARLADA RAJASEKHARA RAO CRIMINAL PETITION No.657 OF 2019 Date:04-04-2024 KBN