UMAR DEEN Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Sequel to order dated 19.7.2019, whereby petitioner was ordered to be enlarged on interim bail in connection with FIR No. 17/19 dated 29.1.2019, under Sections 363 of Indian Penal Code, registered at PS Jawali, District Kangra, H.P., SI Ram Pal, P.S. Jawali, District Kangra, H.P., has come present along with records. Mr. Sanjeev Sood, learned Additional Advocate General, has also placed on record status report prepared on the basis of investigation carried out by the Investigating Agency. Record perused and returned.

(2.) Record made available to this Court reveals that on 29.1.2019, complainant Umardeen lodged a complaint at PS Jawali District Kangra, alleging therein that his minor daughter, aged sixteen years, has been kidnapped. He alleged that as per information received by him, bail petitioner has made her to elope with him on the pretext of marriage and as such, appropriate action may be taken against the bail petitioner. On the basis of aforesaid complaint, formal FIR as detailed herein above, came to be lodged against the bail petitioner. Victim- Prosecutrix was subsequently recovered on 27.6.2019 from Dinanagar, Punjab, where she was found in the company of the present bail petitioner. Police after recording the statement of victim-prosecutrix under Section 161CrPC also got her statement recorded under Section 164 Cr.PC., wherein she stated that she is 18 years old and wants to marry the bail petitioner. She stated that since her parents wanted to solemnize her marriage with some other person, she of her own volition without there being any external pressure, eloped with the bail petitioner. She also alleged that now she has solemnized marriage with the bail petitioner. Investigation further reveals that victim-prosecutrix refused to undergo medical test and as such, veracity with regard to forcible sexual assault never came to be corroborated by way of medical evidence.

(3.) Mr. Sanjeev Sood, learned Additional Advocate General, states that as per investigation, bail petitioner and victim-prosecutrix whose age, as per record, is 16 years 8 months and 16 days have solemnized marriage with each other. Mr. Sood also made available marriage certificate issued by Mohammad Shami, Qazi at Mosque situate in Manimajra, Panchkula, Haryana.