WAJEED KHAN Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The appellant/accused is convicted for the offence under Sec. 366-A IPC and sentenced to undergo RI for five years and to pay fine of Rs.3,000.00, in default, to undergo SI for one month, vide judgment in S.C.No.452 of 2008, dtd. 20/3/2009 passed by the II Additional Metropolitan Sessions Judge, Hyderabad. Aggrieved by the same, the present appeal is filed.

(2.) The case of the prosecution is that on 28/4/2006 a complaint was filed by P.W.1 stating that his daughter who is aged 17 years and studying intermediate left the house without informing elders and she did not return home. The police registered missing case and started investigation. On 19/5/2006, both P.W.3 (victim girl) and the appellant went to the police station and produced marriage certificate along with their marriage photograph. On comparing the marriage certificate it was revealed that the marriage was solemnised in Hyderabad on 26/4/2006 in the office of Secretary and Director of A.P.Cosmopolitan Marriage Bureau. On further investigation it was found that as per school record the date of birth of P.W.3 was 2/10/1988. However, zero was erased in the birth certificate and the date of birth was shown as 2/1/1988 to get married on 26/4/2006. For the reason of forgery and manipulating the birth certificate, giving false statement at the time of marriage that the victim girl attained majority, the marriage was performed, the case was investigated. Since the victim girl, P.W.3 was less than 18 years as on the date of marriage, the police filed charge sheet against the appellant/accused for the offence under Sec. 366-A, 471, 109 and 376 of IPC. Charges were framed accordingly and after conclusion of trial, Court found that the appellant was guilty for the offence under Sec. 366-A of IPC and acquitted the appellant are for the offences under Ss. 471, 109 and 376 of IPC.

(3.) P.W.1, who is the father of the victim girl P.W.3, stated that P.W.3 was missing on 26/4/2006 and her age was around 17 years. The complaint was registered as 'missing girl', which complaint is Ex.P1. The police brought his daughter to his house on 19/5/2006 and handed her over to him. P.W.2 is the mother, who stated the same as P.W.1.