ABDUL SALAM Vs. SOUMYA @ JASMIN

JUDGEMENT

(1.) THE petitioner is the accused in a prosecution for the offence punishable under S.376 of Indian Penal Code. Cognizance has been taken on the basis of a final report submitted by the police after due investigation. Crime was registered in 2006. The crux of the allegations is that there was sexual intercourse between the petitioner and the de facto complainant / the first respondent herein during the period 2001 to 2006. The records show that the date of birth of the first respondent is 13/05/1985 as per the school records and 14/07/1985 as per the birth register.

(2.) THE matter stands posted for trial. At this stage, the petitioner and the first respondent have come before this Court with a prayer that proceedings against the petitioner / accused may be quashed invoking the powers under S.482 CrPC.

(3.) THE learned counsel for the petitioner and the first respondent rely on the decision in Madan Mohan Abbot v. State of Punjab, 2008 (2) KHC 589 : 2008 (4) Scale 159 : 2008 (1) KLD 823 : 2008 AIR SCW 2287 and they contend that as a matter of fact, no offence will be made out as the first respondent now accepts that the sexual intercourses were with the consent of the first respondent. It is further submitted that even otherwise there is no specific allegation even about the precise date of the sexual intercourse in 2001. If such intercourses were after 13/05/2001 and 14/07/2001, going by the school certificate and the birth certificate, the first respondent would have crossed the age of 16 and sexual intercourse with consent could not constitute any offence under S.376 of Indian Penal Code.