SRIKANT @ BABU @ ROHIT Vs. STATE

JUDGEMENT

(1.) THIS Appeal tells once more the story of a runaway young couple which runs into rough weather. It is a well known fact that where the girl is firm inspite of the pressure from her family, the boy comes through with flying colours and their elopement becomes a success story but where the girl succumbs to the pressure of the family, the boy remains in prison for years without any ray of hope. The Appellant Srikant faces rigorous imprisonment for one year and fine of Rs.2,000/- for the offence punishable under Section 363 IPC and rigorous imprisonment for five years and a fine of Rs.5,000/- or in default of payment of fine to undergo SI for five months for the offence punishable under Section 376 IPC in spite of the Trial Court's findings that the sexual intercourse with the prosecutrix was very much with her consent. The learned ASJ found that in view of the love letters Exs.PW-3/DA-1 to PW-3/DA-13 which were in prosecutrix's handwriting and the manner in which she eloped there could not be any question of the sexual intercourse being without her consent. The learned ASJ found his hands tied in view of the fact that he found the age of the prosecutrix to be about 15 years and four months on the alleged date of elopement. Thus, the Appellant was held guilty for the offence punishable under Sections 363/376 IPC although it was the prosecutrix who took the lead in the elopement. The Appellant is in custody since the time of his arrest, that is, on 16.12.2009.

(2.) THE prosecution version is extracted from Paras 2 to 8 of the impugned judgment hereunder:- 2 In nut shell, case of the prosecution is as under: Present case was registered by the police of P.S Barakhamba Road on the statement of complainant Sh Ranjit Singh, father of prosecutrix 'X' (assumed name). In his statement to the police, complainant disclosed that he was residing at MS2/14 Atul Grovr Road, New Delhi and was working as driver at Post Office , Meghdoot Bhawan, Delhi. On 10.12.2009, his daughter "X" aged about 16 years had left for her school N.P. Bengali School at around 8.00 AM but did not return from the school thereafter. On the basis of the said information missing report vide DD No. 26A was recorded on 11.12.2009 by the police of PS Barakhamba Road.

(3.) ON 10.12.2009, SI Ashutosh was posted at PS Barakhamba Road. On that day, he recorded above statement of complainant Ranjit Singh. He made his endorsement and got the present case registered. He prepared site plan at the instance of complainant. Efforts were made to trace the prosecutrix at different places but she could not be traced.