Thursday, June 6, 2013

Is this an Indian Pre marital consented sex turned into RAPE!! ".. sexual intercourse on false promise of marriage..."?? or is this something else ? why else is the prosecuterix stating that there was a "...false pretext of marriage .." and goes on to add that "..He also c committed carnal intercourse against the order of nature...."



Notes
  • Complainant states that the accused committed ".. sexual intercourse on the false promise of marriage. .."
  • She goes on to say "..He also c committed carnal intercourse against the order of nature...."
  • He is charged with Rape
  • Doubt arises as to whether the accused is a juvenile
  • HC decrees that school records are the most conclusive proof

Request
  • Should anyone know more about the antecedents of this case please post a comment or reply

Note : Just the first page is given below. Rest of the judgement is enclosed as a PDF file [from the HC website] ...this is a test post... IF you cannot locate an attachment please post a comment or reply






IN THE HIGH COURT OF DELHI AT NEW DELHI

Reserved on: 13 th May, 2013

pronounced on: 22 nd May, 2013

+ CRL.REV.P. 6/2013 & Crl.M.A.178/2013 & 179/2013

RAKHI PANCHAL..... Petitioner
Through Mr. Ashok Kumar Tiwari, Advocate

versus

STATE & ORS...... Respondent s
Through
Ms. Rajdipa Behura, APP for the State/Respondent No.1.
Mr. Vishwendra Verma, Advocate for the Respondent No. 7.


CORAM:

HON'BLE MR. JUSTICE G.P.MITTAL

J U D G M E N T

G. P. MITTAL, J.

1. This Revision Peti tion is directed against an order dated 25.10.2012 passed by the learned Additional Sessions Judge(ASJ) whereby the learned ASJ declared the date of birth of Respondent No.7 Arun Kumar @ Monu to be 10.11.1993. Thus, on the date of the alleged commission o f the offence, he was found to be less than 18 years and thus a juvenile. The Respondent No.7 was, therefore, directed to be produced before the Juvenile Justice Board for inquiry in accord ance with the Juvenile Justice ( Care and Protection of Children) A ct, 2000 (the Act).