NARESH KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) HEARD and gone through the record.

(2.) PETITIONER is being tried for offences, under Sections 363, 366A and 376 of the Indian Penal Code, for allegedly kidnapping a girl, with intent to force her to marry him, against her wishes and also raping her, after the alleged kidnapping. Trial has already commenced. Statements of the prosecutrix and her parents have been recorded.

(3.) DATE of birth of the Petitioner is recorded as 19th August, 1994, in the School record. That means she was not only below 18 years of age and, hence, her removal from her parents' custody amounts to kidnapping, but was also below 16 years of age and as such unable to consent for sexual intercourse.