RANKANIDHI BHARIMALLA Vs. STATE OF ODISHA

JUDGEMENT

(1.) This application under Sec. 439 of Cr.P.C. has been filed in connection with Chandaka P.S. Case No.232 of 2023 corresponding to T.R. Case No.457 of 2023, pending in the Court of the learned Addl. Sessions Judge-cum-Special Judge (POSCO), Bhubaneswar under Ss. 363/366/376 (2) (n) of IPC read with Sec. 6 of the POCSO Act.

(2.) The allegation against the petitioner in brief is that on 10/7/2023 at about 9.06 p.m., the petitioner kidnapped the minor victim from the shop of her father at Dalua and on the pretext to marry her, he kept physical relationship with her forcibly.

(3.) Mr. Bijay Kumar Behera, learned counsel for the petitioner referring to the statement of the victim recorded under Sec. 164 Cr.P.C. submits that the victim had love affairs with the petitioner and she left voluntarily with him and when they were preparing to get married, the police has rescued the victim and arrested the petitioner. Mr. Behera, learned counsel submits that the petitioner and the victim girl had got married and they are interested to live together as husband and wife.