Latest Ruling of Apex Court on Run Away Marriage

2009 SCCL.COM 3189(Case No: Criminal Appeal No. 2308 of 2009)
Sunil Appellant versus State of Haryana Respondent
Date of Decision(mm/dd/yy): 12/4/2009.
Judge(s): Hon'ble Mr. Justice Dalveer Bhandari and Hon'ble Mr. Justice A.K. Patnaik.
Subject Index: Indian Penal Code, 1860 — Sections 363, 366A and 376 — kidnapping and rape — appellant belonged to the same Caste and Gotra of the prosecutrix and was the frequent visitor to her house — prosecutrix fell in love with the appellant — on the basis of evidence, the trial Court concluded that the appellant kidnapped a minor girl and committed rape on her — High Court affirmed the orders of the trial Court — prosecutrix was medically examined — found no mark of injury on her body and that her secondary sex characters were well developed — whether the prosecutrix was minor? — prosecution not produced any Admission Form of the School or School Leaving Certificate which would have been primary evidence regarding the age of the prosecutrix — father of the prosecutrix not been able to give correct birth date of the prosecution — benefit of doubt given to the appellant — directed appellant to be released — appeal allowed.