Case of kidnap
Manoj Pamul
(Querist) 26 June 2012
This query is : Resolved
Dear Sirs,
A Complaint is lodged u/s 363, 366 r/w 34 of I.P.C. against four accused. In that accused no. 2 and 3 have got regular bail and accused no. 4 has got anticipatory bail. However the accused no. 1 is not arrested so far and the girl, at the date of incidence, was 17.5 years old. Meanwhile the accused no. 1 and that girl got married in a temple and the priest issued a marriage certificates and they have photographs of the marriage i.e. exchanging garlands to each other. Now the girl is major and she is ready to live with accused no. 1 as she is pregnant. Therefore, please suggest for safeguarding the accused no. 1 and the said girl.
Here the father of the minor girl is the Complainant. and the accused no. 2 and 3 are the mother and father of accused no. 1 respectively. and the accused no. 4 is the brother-in-law of the accused no. 1
Adv.R.P.Chugh
(Expert) 26 June 2012
1. Prove there was no enticement or taking away by force.
2. The girl left/abandoned the keeping of her lawful guardianship on her own without any overt or covert inducement on accused's part.
3. In that he'd be saved from kidnapping.
4. Rape as it is would be negative as she is above 16 and her consent is there.
Good Luck !
SAINATH DEVALLA
(Expert) 27 June 2012
At the outset the girl was a minor at the time of marriage,the temple priest also should have been arrested.As the girl is major now,whatever may be the stance of her father,its better to go for a compromise between the two families.As the girl and the boy are ready to lead a formal married life and the girl being pregnant,arrange for a councelling between the two families and settle the matter outdoors.
M/s. Y-not legal services
(Expert) 27 June 2012
the girl's statement only can decide this case..
if she is confident with her stand mean she can can save her husband who is the accused no.1
-y.not legal services-
ajay sethi
(Expert) 27 June 2012
girl testimony is most important . marriage has taken place with consent of parties . girl is pregant now . if she says she married with her consent and wants to live with her husband no case of rpe would be made out . court wont ruin married lives of parties particualry when girl is now pregnant
