Court frames charges of abduction of 'wife' against 'husband'
Issue of the girl’s age at the time of alleged incident is matter of trial, says Judge
Ramkrishan Upadhyay
Tribune News Service
Chandigarh, September 27
Saying that the issue of the girl’s age is a matter of trial, Swati Sehgal, Judge, Fast Track Special Court, Chandigarh, has framed the charges of kidnapping and abduction against a person who claimed that he had solemnised marriage with the complainant and both were residing together as husband and wife. The court has framed the charges against the accused for the offences punishable under Section 363 (kidnapping) and 366 (kidnapping, abducting or inducing woman to compel her for marriage) of the IPC.
The counsel for the accused, who was arrested more than three months ago on the charge of kidnapping the girl, told the court that the prosecutrix had attained the age of majority at the time of the alleged incident. He further argued that the date of birth of the prosecutrix in her Aadhaar card is wrongly mentioned as 2004, whereas her correct date of birth is 2002. He contended that the accused was falsely implicated in the present case and no case was made out against the accused.
It was also argued by the counsel that even the quashing petition in the present matter is pending before the High Court.
The Public Prosecutor for state argued that whether the prosecutrix was a major at the time of the alleged incident was a matter of evidence and the same couldn’t be adjudicated at the stage of framing of charges. The arguments that the accused is falsely implicated in the case is also subject matter of evidence and trial.
The Public Prosecutor said prima facie evidence collected during investigation/report submitted under Section 173, CrPC, reflected that the accused was found to have committed an offence under Sections 363 and 366, IPC.
The Judge said: “At the stage of framing of charge, the court is only to sift prima facie case. At that stage, detailed reasons are not to be given. After perusing the final report under section 173, CrPC, prima facie, offences punishable under Section 363 and 366, IPC, are made out against the accused, to which, he pleaded not guilty and claimed trial. Now the case is adjourned to October 27, 2021. The victim and the complainant be also summoned for the date fixed.”
