BHARATBHAI MOHANBHAI KATRODIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned Additional Public Prosecutor waives service of notice of rule on behalf of respondent - State.

(2.) Learned advocate Mr.Kunal S. Shah, for the applicant has submitted that the applicant is an innocent person and has wrongly been arraigned in the presence offence. It has been submitted that it is only on account of love and affection, both i.e. the present applicant and daughter of the complainant went away for the purpose of marriage and in fact, no offence is committed. At the relevant point of time, the age of the prosecutrix was in controversy but, as on date, the present applicant has already married with the daughter of the complainant and marriage certificate is very much produced on record reflecting on page-35 of the application and the marriage is registered before the office of Registrar of Marriage, Bhavnagar on 30.11.2019. Furthermore, Shobhnaben Valjibhai Makwana, who happened to be daughter of the complainant, now aged about 21 years, has already filed an affidvit reflecting on page-33, stating that on account of love and affection, she went away on her own with the applicant and has actually got married as per Hindu rites and ceremonies on 30.11.2019 and at present, peacefully residing at the place of the applicant. It has been submitted that the family has willingluy accepted the said marriage and there is no illwill left. Apart from that, it has further been submitted that the complaint is that of the year 2013 and now, since the applicant has actually married, there is no point in allowing the applicant in languishing in jail. Hence, a request is made to consider the case of the applicant.

(3.) As against the aforesaid submission, learned APP Mr.Ronak Raval has submitted that at the relevant point of time, when the offence has taken place in the year 2013, there was a serious controversy with regard to the age of the victim i.e. the daughter of the complainant and as such, when serious offence is committed, even if the applicant is arrested in the year 2013, the discretion may not be exercised in favour of the applicnt. However, the learned APP has candidly submitted that now, there is a changed scenario and specific marriage is already solemnized and registered, copy whereof is already submitted on record, has left it to the discretion of the Court.