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This particular decision is held by the High Court Of Karnataka through the single bench of Justice H P Sandesh in the case of Syed Shabaj V. SMT. Prema & ANR.

Facts

The very statement made by the victim is that she fell in love with the petitioner and she was aged about 15years old. Hence both of them left the house thinking that their parents will not give consent since they belong to different religions. She claims that though they left the house earlier on 15/10/2021, but the marriage was performed on 17/10/2021 and there after they went to chintamani and ahd sexual intercourse and the question of consent dose not arise. She eloped with the petitioner but, though they left the house on 15/10/2021, no allegation is made before the marriage, she was subjected to sexual act, but she claimed that they went and stayed in the Dargah thereafter, they went to Ramanagar on 17/10/2021 and both of them got married and their after subjected to sexual act. No doubt the medical reports also support the case of the prosecution that hymen is not intact.

Orders and Judgements

Following which the bench granted bail to the accused on it executing a personal bond for a sum of Rs.2,00,000 with two sureties for the like-sum to the satisfaction of the jurisdictional Court.

As per the prosecution case, the petitioner subjected the victim for sexual act knowing fully well that she is aged about 15 years in a lodge. Hence, the police had invoked the offence under Sections 363, 366-A and 376 of IPC, Sections 5(L) and 6 of POCSO Act and Section 4 of Child Marriage Act.

Thus, taking note of the peculiar facts and circumstances of the case where the petitioner had subjected her for sexual act after marriage, the Court said it is a fit case to exercise the powers under Section 439 of CrPC.

It directed the accused shall not indulge in tampering with the prosecution witnesses. He shall appear before the jurisdictional Court on all the future hearing dates, unless exempted by the Court for any genuine cause. He shall not leave the jurisdiction of the Trial Court without prior permission.

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Judgement reviewed by- Mohammed Shoaib

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