BABLU YADAVSTATE OF HARYANA Vs. STATE OF HARYANA

JUDGEMENT

(1.) HEARD counsel for the parties.

(2.) THE FIR in the case has been registered on the statement of Ranjit Singh who has alleged that his minor daughter - Jyoti aged 17 years, on 11.12.2006, had gone to purchase wool but did not return. Thereafter, he had a suspicion that the petitioner had enticed her. On the basis of the allegations, FIR for the offences under Sections 363, 366 and 376 IPC has been registered which is pending trial. The case of the petitioner is that he married the prosecutrix on 12.12.2006 at Arya Samaj, 2164, Yamuna Bazar, Delhi. A copy of the marriage certificate (Annexure P1) issued by the Arya Samaj has been placed on record. The prosecutrix initially made a complaint (Annexure P2) addressed to the SP Faridabad seeking protection for herself and her husband (petitioner) as also her in-laws from her father - Ranjit Singh. The prosecutrix who earlier made the complaint (Annexure P2) has now made a statement against the present petitioner. The date of birth of the prosecutrix is 26.3.1989. The petitioner was arrested on 30.1.2007 and has since then been in custody. The trial in the case is going on.

(3.) IN the present case, the petitioner is in custody since 31.1.2007. The prosecutrix was above 17 years of age at the time of the incident. The question as to whether she was indeed enticed away or not is to be gone into and considered after trial.