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Expedite Trial – Minor Enticed Away from the Lawful Guardianship of Her Parents – Committed Sexual Intercourse: Chhattisgarh High Court

The High Court of Chhattisgarh upheld expedite trial in circumstances where the prosecutrix, who is a minor, was enticed away from her parents’ legal custody and then engaged in sexual intercourse through the learned bench led by Hon’ble Shri Justice Goutam Bhadur in the case of Ravindra Kumar Vs. State Of Chhattisgarh (MCRC 6589 of 2021)

Brief facts of the case are that according to the prosecution case, on July 21, 2021, the prosecutrix, who is a minor, was enticed away from her parents’ legal guardianship, and the applicant then engaged in sexual intercourse. the applicant who was arrested on July 28, at Police Station Police Chowki Latori, P.S. Jainagar, District Surajpur (CG) for the offence punishable under Sections 363, 366 (A), 376 of the Indian Penal Code and Sections 4 & 6 of the Prevention of Children from Sexual Offenses Act, 2012 for the offence filed the Bail Application under Section 439 of the Code of Criminal Procedure for regular bail.

The prosecutrix and the applicant were having an affair, and the prosecutrix had been in the applicant’s company for a few days. The prosecutrix was major as of date, as she was a student in Class 12th, and it was presumed that she had reached the age of majority. According to the applicant’s learned counsel, the prosecution may be directed to expedite the trial at this point due to the circumstances.

As a result, the Court ordered that the trial be completed within three months. The Court has also stated that it has made no findings on the merits of the case and has dismissed the bail application.

Click here to read the Judgement

Judgement reviewed by – Pooja Lakshmi

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