Section- 363 & 366

Mohit chawla (Querist) 26 March 2010 This query is : Resolved
Raj Kumar a male hindu aged 25years was teacher of Saqina- a muslim girl. Saqina was student of 10+2. Both of them fell in love with each other. Raj Kumar used to tell her that Hinduism is a good religion. One day both of them eloped and Saqina converted to Hindu religion. The same day they got married in a Arya Samaj temple. Saqina's parents got an FIR registered against Raj Kumar u/s 363 & 366 of IPC. They alleged that girl is a minor. The parents of the girl produced a certificate of Municipal Corporation showing that girl is a minor. 6 months later the police apprehended the couple. By that time Saqina was pregnant. The accused prodused Saqina's school certificate as per which she was a mojor when they got married.
Law points to be discussed:
1. Validity of marriage.
2. Consent of the girl.
3. Charges of Sections 363 & 366 of IPC.
4. Conflicting birth certificates.
5. present situation when the girl is pregnant.
Discuss the matter and please suggest some decisive and latest authorities.

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Guest (Expert) 26 March 2010
we are here to reply the queries, not to argue.... our job is argue in court not here.
Thanks

Adv.Shine Thomas (Expert) 27 March 2010
It's good, Mr.ajitabh.

Mohit chawla (Querist) 28 March 2010
Please reply for this query...

PALNITKAR V.V. (Expert) 04 April 2010
Reply to your queries.
It all depends on the age of the girl. If it is found that she was major at the time of marriage, the charges of rape etc would not succeed. The marriage would be valid only if Saquina is found to be major at the time of marriage.
The matter hinges on teh proof of age. The court will decide which of the certificates is reliable. Reliability of the certificates depends on so many circumstances. No straight jacket formula can be laid down for that. Still if the margin of difference in is + or - 6 months, then the accused is likely to get benefit of doubt. Even otherwise if the school certificate does not suffer from any infirmities, the accused may get benefit of doubt. As far as charges of kidnapping are concerned, if the girl has left the house voluntarily, the accused can not be punished. Please go through the commentary of relevant sections of IPC and Evidence Act and you will get numerous rulings on the points involved.

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