IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE VISHAL MISHRA th ON THE 18 OF APRIL, 2024 CRIMINAL REVISION No. 2096 of 2022 BETWEEN:-

SUNIL GUPTA S/O SHRI BABULAL GUPTA, AGED ABOUT 25 YEARS, OCCUPATION: BUSINESS R/O- VILLAGE GAOAL PATTI, DHERE BENGOW, P.S. HADAPSAR, DISTRICT PUNE, (MAHARASHTRA)

.....PETITIONER (BY SHRI SANJIV KUMAR MISHRA - ADVOCATE)

AND

1. THE STATE OF MADHYA PRADESH THROUGH P. S.

SOHAGI DISTRICT REWA, (MADHYA PRADESH)

2. VICTIM A D/O NOT KNOWN NOT MENTION (MADHYA PRADESH)

.....RESPONDENTS (SHRI ADITYA NARAYAN GUPTA - GOVERNMENT ADVOCATE FOR RESPONDENT NO.1)

This revision coming on for admission this day, the court passed the following:

ORDER

This criminal revision under Section 397 read with Section 401 of Cr.P.C.

has been filed being aggrieved by the order dated 28.04.2022 passed by the Special Judge (The Protection of Children from Sexual Offences, 2012) wherein charges for offences punishable under Section363, 366 and 376(2)(n) of Indian Penal Code and Section 5 (l)/6 of the POCSO Act, 2012.

2. It is the case of the petitioner that the complainant made written report on Signature Not Verified Signed by: ANINDYA

23.11.2021 at Police Station Sohagi regarding missing of his minor daughter. On 15.11.2021 he along with his daughter came back to his house. Thereafter on 22.11.2012, his daughter went to Budhama School to get her 12th Class Marksheet but she did not come back, therefore, an apprehension was raised that one Sunil Gupta who was a frequent visitor to his house at Pune, Maharashtra has taken away his daughter. On the basis of the said complaint, a report has been registered for offence punishable under Section 363 of Indian Penal Code and during the investigation the police has recorded the statement of the prosecutrix. She was taken to the Magistrate and her statement under Section 164 of Cr.P.C. have been recorded. The prosecutrix has not supported the prosecution case and has categorically stated that she is 18 years old and she has solemnized marriage with the applicant out of love and affection and as per her own wishes. During the investigation the police authorities called the applicant and enquired the matter. The petitioner has submitted Marriage Certificate, Birth Certificate and Aadhar Card of the prosecutrix before the police authorities and has submitted that he has not committed any offence. They are major and have solemnized marriage on 20.10.2021 at Pune out of their love and affection and made an attempt to submit the documents marriage certificate etc. The police has not taken that documents and completed the investigation and submitted the final report/charge sheet under Section 173 of Cr.P.C. for the aforesaid offence. Based upon the final charge sheet filed by the police authorities, the learned Special Judge, Teonthar District Rewa has framed charges against the petitioner for offences under Sections 363, 366 and 376 (2) (n) of the Indian Penal Code and Section 5 (l)/6 of the POCSO Act, 2012. It is argued that no offence is made out looking to the fact and circumstances of the case as according to the prosecution she is 18 years of age. They are known to Signature Not Verified Signed by: ANINDYA each other and out of their own will has solemnized the marriage and got it registered before Marriage Officer Pune, District Pune.

3. On 20.10.2021, the date of birth certificate issue by the Sub-Registrar (Birth & Death), Gram Panchyat Sonauri is being produced before the authorities as well as before this Court showing the date of birth of the victim to be 02.01.2003. The Aadhar Card of the victim shows the date of birth to be 02.01.2003. Her statement is recorded under Section 161 of Cr.P.C., wherein she has not supported the prosecution case. She has stated that on 28.10.2021 at Pune, the petitioner as well as victim has solemnized marriage and when the factum of marriage came to the knowledge of her parents, they were not happy with the marriage and therefore, the re