RAVI Vs. STATE

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and the learned HCGP for the Respondent -State. Perused the records.

(2.) A case has been registered in Crime No.64/2019 against the petitioner and others for the offence punishable under Section 376(2)(f)(h)(i)(j)(k)(n) r/w 34 of IPC , 1908 and Section 6, 5(j)(ii)(l)(m)(n)(q) of POCSO Act, 2012 and Sections 9 , 10 and 11 of Prohibition of Child Marriage Act, 2006 which culminated in Spl.Case (POCSO) No.22/2019.

(3.) The brief facts of the case on hand are that, the complainant-Manjunatha S.J., Child Protection Officer came to know that the child marriage was conducted between the petitioner as well as the victim girl at T.B. Kavalu Village in Kadur Taluk, Chikkamagaluru District within the jurisdiction of Sakkarayapatna Police Station. Immediately, he went to the spot to ascertain whether the victim girl was given in marriage to the petitioner or not. Further, it is seen that they were loving each other prior to 2018, and the said girl was taken by the petitioner to his house and his grand mother having come to know about the love affair between the petitioner and the victim girl, has performed their marriage in their house itself in front of the photos of Gods kept in their house. The petitioner was aged 21 years at that time. But the age of the victim was not mentioned, as it was not known to anybody or even to the victim girl, as she has not studied in school at any point of time. The entire charge sheet papers also do not disclose the date or year of victim's birth and even there are no documents available such as Birth Certificate or study certificate issued from the school so as to ascertain and fix the date of the victim girl with all certainty that, she was aged less than 18 years as on the date of her marriage with the petitioner.