High CourtsDivision Bench(2014) 09 DEL CK 0040

State NCT of Delhi vs Suman Dass

Delhi High Court · Decided on 3 September 2014

HON’BLE JUDGES
Pradeep Nandrajog, J · Mukta Gupta, J
RESULT
Dismissed
CASE NUMBER
Crl. L.P. 301/2014

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Judgment

9 paragraphs · 186 words

Crl.M.A. No. 6969/2014 and 6971/2014

For the reasons stated in the applications the delay of 36 days in filing and 95 days in refilling the appeal is condoned.

CRL.L.P. 301/2014

1.

Prosecutrix and the respondent are present in Court. We have spoken to the prosecutrix. Prosecutrix says that she is happily married with the respondent. From the impugned judgment it is apparent that though less than 16 years the prosecutrix went voluntarily with the respondent and knowing what marriage is, married the respondent. To help the respondent she has said that the two never had any physical relationship with each other.

2.

We have perused the testimony of the mother of prosecutrix who was examined as PW-2. She has deposed that her daughter marrying the respondent was acceptable to her and the community. She stated that when her daughter was with the respondent she was taken good care of.

3.

The learned Trial Judge has noted exception to Section 375 IPC.

4.

The view taken by the learned Trial Judge is reasonable and probable.

5.

We decline the State leave to appeal.

6.

Petition is dismissed.