NAVEEN NAYAK Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) It is alleged in the charge sheet that the accused who was known to the family of the complainant, was pestering the alleged victim girl to marry him. The alleged victim girl, according to her father- complainant, was aged about seventeen years as on the date of the alleged offence which was on 6.2.2019. Even though the parents of the victim girl refused to give girl in marriage to the accused, it is alleged that the accused enticed the said girl on 6.2.2019 and took her in a bus from Doddaballapura to Kyvara, married her on 9.2.2019 and is said to have sexual intercourse with her and thereby has committed offences punishable under sections 366-A, 376 of the Indian Penal Code, 1860 read with section 4 of Protection of Children from Sexual Offences Act, 3 2012 and also under section 9 of Prohibition of Child Marriage Act, 2006.

(2.) Learned counsel for the petitioner, in his arguments, submitted that the alleged victim girl was major as on the date of the alleged act. She had voluntarily and willingly joined the petitioner/accused who was not only a known person, but also her distant relative and both of them have willingly and voluntarily married to each other and were leading a happy marital life. Being dissatisfied with the act of their daughter, parents of the victim girl have lodged false complaint against him.

(3.) Per contra, learned High Court Government Pleader, in his arguments, submitted that the victim girl was forcibly taken and enticed to go along with the accused, who had induced her to go with him and it is thereafter he has subjected her to rape.