ORAL ORDER

The petitioner has been charge-sheeted for the offences punishable under Sections 376 and 506 of IPC and offence punishable under Section 6 of Protection of Children from Sexual Offences Act, 2012.

2. The prosecution’s case is that the accused, a distant relative of the minor victim (CW-2), frequently visited her home. Fully aware that CW-2 was a minor, the accused allegedly committed the offense while CW-1 was away at work and CW-2 was alone at home from June 2023 onwards. till filing of FIR had committed forcible sexual intercourse resulting in pregnancy and also threatened to murder her if she informed the same to anyone.

3. Heard the learned counsel for the petitioner, learned HCGP for the respondent No.1 - State and learned counsel for the respondent No.2 - defacto complainant.

4. Admittedly, the victim was aged 17 years as of the date of the incident. The survivor in the statement recorded under Section 164 of Cr.P.C. has categorically stated that she was in a relationship with the accused and the sexual intercourse was consensual one and they intended to marry each other. Whether it is a case of eloping or a case of an accused having sexual intercourse with the survi