K SURESH Vs. STATE

JUDGEMENT

(1.) THE petitioners, who face prosecution for offences under Sections 363, 366, 366A and 376(i) IPC on the complaint of the 2nd respondent/defacto complainant, father of the girl, who allegedly was kidnapped, seek quash of proceedings in the case. THE 1st petitioner is the husband of the victim girl and the petitioners 2 to 7 are the family members of the 1st petitioner. It is contended that the girl was 16 years of age on the date of occurrence viz., 04.06.2006. THE learned counsel for petitioners would rely upon a certificate issued by the school, wherein the girl was studying and which has been produced along with the charge sheet.

(2.) THE school certificate informs that the girl was studying in the 7th standard in the year 2002-03 and that her date of birth was 11.05.1991. This would put the age of the girl beyond 15 years and below 16 years as on the alleged date of occurrence. THE statement of the victim girl informs that immediately on leaving the parental home, she married the 1st petitioner and started living in a rented house. This would make applicable the exception to Section 375 IPC. Section 375 IPC defines offence of rape and the exception informs that sexual intercourse by a man with his own wife, the wife not being under fifteen years of age, is not rape. THE 1st petitioner and the victim girl continue to live as husband and wife and now have two children.