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Azim Ahmed
in Criminal Law Procedural Law
Asked November 17, 2017

Complaint filed for kidnapping and rape after boy and girl eloped

  • 4 Answers
  • 330 Views

लड़का लड़की अपने मर्जी से घर से भाग गए उनके भागने के २० दिन बाद लड़की के पिता ने केस फाइल किया पुलिस में की लड़के ने मेरी लड़की को भगा ले गया है साथ में किडनैप और रेप का आरोप भी लगाया है रिपोर्ट करने १५ दिन बाद पुलिस लड़का लड़की को कोलकाता से अरेस्ट किया इसके बाद लड़की अपने घर वालो के दबाओ में आकर मजिस्ट्रेट के सामने बयान दिया की लड़का मुझे बेहोस करके किडनैप कर लिया और उसके बाद रेप करता था इसमें कानूनी बचाओ क्या है . श्रीमान मार्गदर्शन करे. धन्यवाद.

Answers 4

Your query is in Hindi, however, it could best be answered in English. 

First, of all we have to see the age of the girl, if she is a minor (below 18 years of age), then whether she ran with her consent or not would make no difference as for the charge of kidnapping the consent of guardian is required which is not the case as her father has made a complaint and for the charge of rape, a minor is incapable of giving consent (vide Criminal Law Amendment Act, 2013). Since the charge has been of kidnapping and not abduction it appears that the age of girl is below 18 years, and in such circumstances the boy has to face the trial.

However, if the age of girl is above 18 years and if it can be proved that the boy and girl were in relation before running away and she had consented to the boy for making relations with him, then the boy can file a petition u/s 482 of Criminal Procedure Code before the High Court having the jurisdiction of the place of trial for quashing the entire criminal case as once a consent is given for running away and for making relations no offence for abducting and rape can be said to be committed. (Vide Uday vs. State of Karnataka, Dileep Singh vs. State of Bihar, both Hon'ble Supreme Court judgements). Also the boy can make his submissions and arguments at the state of framing charges and if the Sessions Judge gets satisfied the criminal case will end.

 

Agree Comment 0 Agrees over 3 years ago

Case papers are required to be examined. Consult a lawyer with details. Siddharth 9811776422

Agree Comment 0 Agrees over 3 years ago

Very common case in India approx. 90% rape case is like this.

Face the trial and engadge a good lawyer.

If the girl is minor then Age is only part to challange.

Agree Comment 0 Agrees over 3 years ago

It all depends upon the version/statement of girl. Now it appears the girl turned hostle and stating against the boy. It is better to go for settlement with apromise to marry the girl, failing which the life of boy will be ruined. For more guidance contact me.

My initial mobile/personal consultation  fee is Rs.2,000/- Drafting of Legal Notice fee Rs.5,000/- Drafting of any petition to be filed anywhere in India in any Court will be Rs.10,000/- Drafting of written arguments fee Rs.10,000/-. Online Services will be rendered on submission of documents by courier or scanned through e-mail For Local Bengaluru cases, for every appearance Rs.2,000/-. If interested contact me at the following address:

 

Kishan Dutt Kalaskar

No.74, 1st Floor, 6th Cross,

Opp: Beauty Parlour,

Malleswaram,

Bengaluru-560003

Mob: 9686971935

Land Ph: 080-23461189

E-Mail: kalaskarnetra@gmail.com

Agree Comment 0 Agrees over 3 years ago

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