Science Laboratory, Madhuban.
On completion of investigation, Challan/report under Section 173
Cr.P.C. was presented only against the present appellant - Sunil Patel. Case ... prove its
case.
Statement of the appellant was recorded under Section 313 Cr.P.C.
wherein he denied the charges framed against him and pleaded
moths is
missing. The Statement of Victim was recorded U/s 164 Cr.P.C on
08.02.2019. The Victim also disclosed ... Victim
disclosed in matriculation certificate of Victim "A".
Pertinently, the Victim has stated in her statement recorded U/s
1645
charge under Section 376 IPC must fail.
36. Now coming to the charge under Section 366 of
Indian Penal Code, the marriage of accused with ... intercourse. Thus the charge u/s 366 IPC also fails."
Learned trial Court relied solely upon matriculation certificate,
Ex.P10 and held that
learned
Magistrate, while recording her statement under Section 164 of
the Cr.P.C. He has also pointed out that in the Aadhar card also ... while
recording the statement of the petitioner under Section 164 of
the Cr.P.C, the petitioner should be held to be above 18 years
offence
punishable under Sections 363 , 365 and 366 of the Indian Penal
Code.
Informant in his written complaint has alleged that his
daughter had gone ... statement under Section 164 of the Cr.P.C. It
has been further submitted that the matriculation certificate of
the victim girl has been enclosed
part of the statement of the petitioner Priyanka recorded under Section 164 Cr.P.C. before the C.J.M. Budaun is being quoted ... Magistrate under Section 164 Cr.P.C. her father Sukhlal made an application bringing on record photostat copies of her matriculation certificate, the marksheet issued
IPC and vide a separate order dated 3.8.2002, sentenced him as
under:-
Sr. No. Section Sentence awarded
1. 376 IPC To undergo rigorous
imprisonment ... parents.
The aforesaid FIR was investigated. The report under Section
173 Cr.P.C. was submitted and thereafter on 29.10.2001, the appellant
was charged
sections
342 , 363 , 366-A and 376-D of the Indian Penal Code and section
4 of the POCSO Act.
4. During course of trial ... detail and she is a witness to the seizure of her matriculation
certificate and school leaving certificate under seizure list Ext.4
which were taken
reasons mentioned in the application, the same is
allowed and matriculation certificate of Harpreet Kaur is taken on
record as Annexure ... Satnam Singh has filed the present petition
under Section 482 of the Code of Criminal Procedure, 1973 for
quashing of FIR No.128 dated
girl i.e. corpus was recorded under Section 164
of the Code of Criminal Procedure, 1973 wherein the girl has
stated that ... 366A of Indian
Penal Code, after investigation charge sheet has been filed under
Section 376 of the Indian Penal Code, Section
