RAM KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) COMPLAINANT has preferred the present appeal against the judgment dated 18.3.2013 passed by the learned Additional Sessions Judge, Patiala, vide which all the seven accused were acquitted for offences under Sections 363/366 -A/376/120 -B IPC and Section 11 of Prohibition of Child Marriage Act, 2006. The original record was requisitioned and the same has been perused.

(2.) WE have heard learned counsel for the appellant and have critically and exhaustively perused the case file. In brief, allegations against the accused were that the minor daughter of the complainant aged about 16/17 years used to visit the house of his neighbour Jasbir Singh @ Jassu. His wife Geeta Rani got introduced the prosecutrix with his cousin brother Kuldeep Singh about three months ago. When the matter came to the notice of the complainant, the same was got compromised by the Sarpanch on the apology of JasbirSingh. The prosecutrix was again called by Geeta Rani and Phuli Devi at their house and made her to talk with the boy. On 28.12.2011, the prosecutrix allegedly went outside and thereafter went missing. It is alleged that all the accused enticed her away.

(3.) IT comes out from the file that prosecutrix married with Kuldeep Singh on 20.12.2011. Then the couple filed protection petition under Section 482 Cr.P.C. before the learned Sessions Judge, Karnal. The copy of the protection petition and the supporting documents were also produced. In the said protection petition, Ram Kumar (complainant) and Darshana Devi were arrayed as respondents. Even the prosecutrix and Kuldeep Singh made a statement before the learned Sessions Judge, Karnal, that they are of marriageable age. Prosecutrix disclosed her age to be 22 years and Kuldeep Singh disclosed his age to be 25 years. They had further stated that they fell in love and have solemnized marriage on 20.12.2011 as per Hindu rites and ceremonies at Shiv Mandir, Karnal of their free will and consent. The learned Sessions Judge, Karnal, directed Superintendent of Police, Karnal to provide adequate protection to both the prosecutrix and Kuldeep Singh, vide order dated 5.1.2012. The case was then adjourned to 14.1.2012 when the parents of the prosecutrix put in appearance and got recorded their joint statement to the effect that the prosecutrix is their daughter and she has contracted marriage with Kuldeep Singh of her free will, but without their consent. They had further stated that they have no objection to their marriage. They had further undertaken that they will not interfere in their married life nor will cause any hurt to them. On 14.1.2012, the statement of the prosecutrix was also recorded wherein she had stated that she does not want to go with her parents.