376 ipc and po proceedings
Manoj Choudhary
(Querist) 13 April 2018
This query is : Resolved
A boy left with a girl and got married but in the meantime police arrested younger brother of boy to make pressure on the family to bring the girl back.
The boy left the girl nearby the village and ran away.
Police then registered an FIR under section of Rape and Kidnapping against the boy who married the girl and the younger brother who was kept by the police.
Main accused did not surrender before police and court and went on PO proceedings.
The younger brother got acquitted as prosecution failed to prove the case of rape against the younger brother. (Documents of marriage produced before the court.)
Now what left against the Main person who took the girl and had relationship with her.
Kindly suggest your valuable views. The person is with me who is under PO proceedings.
Thanks
Manoj Chaudhary
Advocate
Ms.Usha Kapoor
(Expert) 14 April 2018
If both the girl and boy are of marriageable age say 18 and 21 the marriage is valid if the girl consented to such marriage..Otherwse the boy can be booked for kidnapping and rape. If he is taking shelter under Probation of offenders Act on the ground of no criminal charges against him previously he may get clean chit or acquittal in court or sentience under section 375 maybe reduced.
Susmita
(Expert) 14 April 2018
File a quashing Application before High Court on the basis of marriage certificate.
Dr J C Vashista
(Expert) 15 April 2018
Whether girl is minor ?
Whether the boy and girl had been in physical contact, if so, consensually or forcibly? What is the view of the girl?
What is the prosecution theory?
