SAKSHI Vs. STATE

JUDGEMENT

(1.) THIS first appeal under Section 372 Cr.P.C has been preferred by the appellant against a judgment of acquittal dated 20th July, 2010 passed by learned ASJ, New Delhi in case FIR No.1154 of 2006 under Sections 363/366/376/109 read with Section 34 IPC police station Nazafgarh.

(2.) THE complainant had married with her cousin Akshay aged around 21 years on 16th February 2006 at Arya Samaj Temple at Yamuna Bazar, Delhi and filed an affidavit at the time of marriage before the Pandit at Arya Samaj Temple that she was above 18 years of age. This marriage was performed by her without consent or knowledge of her parents, although the parents of the boy knew about this marriage. It is her own case that the marriage was consummated at her in- laws house and thereafter she along with her husband went to Shimla. Her parents were informed about the marriage after one month of the marriage and her father threatened to complain against Akshay and his parents to the police. However, on the assurances given by the parents of Akshay that she would be kept as his legally wedded wife, her father did not report the matter to police. From 1st April 2006 she and her husband Akshay Kumar started living in a tenanted accommodation at Faridabad, Haryana. THEy lived there up to 16 th June 2006 and it is her own case that they lived there as husband and wife till 16th June, 2006. It seems that the marriage did not click and the she approached CAW Cell against her husband and in-laws. A petition for declaring the marriage as null and void was also filed. On 22nd December 2006, she filed the present FIR alleging therein that she had not given her consent at the time of marriage but she was threatened by accused Akshay Kumar that if she did marry him, he will commit suicide and implicate her and her parents and under this threat she had to marry Akshay. She also stated that she was minor and the affidavit filed by her was a false affidavit prepared at the behest of accused Akshay.

(3.) IN view of my foregoing discussion, I do not find any force in this appeal. The appeal is hereby dismissed.