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IN
CRL.A.46/2013
RAHUL
..... Appellant
Through :
versus
STATE NCT OF DELHI
Through :
..... Respondent
Mr.Vinod Diwakar, APP.
Complainant present with her
parents.
CORAM:
HONBLE MR. JUSTICE S.P.GARG
S.P.GARG, J. (ORAL)
1.
sheet was that on 8.12.2011 at about 5.00 p.m. the appellant kidnapped the
prosecutrix X(assumed name), aged around 14 years from the lawful
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guardianship of her parents and took her to a house at Mohan Garden near
Gandhi Chowk. On 8.12.11 and 9.12.11, he committed rape upon the
prosecutrix. The police machinery came into motion when Daily Diary
(DD) No.3A (Ex.PW3/A) came into existence on 10.12.2011 and Xs
mother lodged Missing Person report. Subsequently, the prosecutrix was
recovered; she was medically examined; she recorded her 164
Cr.P.C.statement.
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3.
has opted not to challenge the findings of the Trial Court on conviction.
The only prayer is that the sentence order be modified considering the
factum of marriage between the appellant and the victim.
5.
the Trial Court, his conviction under Section 376 IPC is confirmed.
6.
were acquainted with each other for the last about 3/4 years before the
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below 16 years of age on the day of occurrence. Record reveals that the
appellant has remained in custody in this case for around three years. He
is not a previous convict and is not involved in any other criminal case.
Material aspect is that both the appellant and the victim have married on
27.06.2015 on Xs attaining majority. They were in love and it was a case
of elopement with consent. Physical relations (if any) between the two
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Superintendent Jail.
(S.P.GARG)
JUDGE
JANUARY 21, 2015/sa
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