subsequent proceedings thereto are quashed and set aside. The
affidavit filed by the prosecutrix as well as the complainant is
taken on record ... Code. Hence, the
petition may be dismissed.
8. The affidavit filed by prosecutrix dated 6/7.05.2015 reads as
under:
"I, Bhavna
application moved on
behalf of the applicant for taking affidavit of prosecutrix Swati on
record.
Looking to the nature of offence ... allowed and her
affidavit is taken on record.
Upon the affidavit of prosecutrix, this court has made a short
inquiry. The prosecutrix has told this
Puri, if they had heard sounds of beatings or of
prosecutrix crying or prosecutrix having asked them for help. She termed it correct that ... birth certificate of prosecutrix from Ludhiana and that she was not aware, if father of the
prosecutrix had submitted an affidavit, which was in Gurumukhi
Primary Girls School
has told that on the basis of affidavit prosecutrix got admission in the
School. He further submitted that keeping in view ... that PW7 - Smt.
Jaswanti has told that on the basis of affidavit, prosecutrix got admission
in the School.
I have carefully perused and analysed
which are the affidavits of the
prosecutrix and the accused, notarized before the Notary Public
regarding their marriage. During his crossexamination, PW8 ASI
Sant ... prosecutrix is 11.10.1996, while PW1
(the prosecutrix) has stated her age as 01.09.1995. He also contended
that the father of the prosecutrix has been examined
stated that prosecutrix and
accused had married with each other and this fact stands proved from the
case filed by prosecutrix alongwith affidavits ... prosecutrix. As already
discussed prosecutrix while deposing as PW4 has given her age as 17 years
and in her affidavit given at the Court
affidavit of accused, Ex.PW8/B is the affidavit
of prosecutrix attested by PW8 who was working as Notary Public in KKD
Court Complex ... affidavit prosecutrix has mentioned that she has
attained age of majority and her date of birth is 18.4.94. Mark PW4/X is the
ration
affidavit, which is virtually a counter affidavit on behalf of respondent no. 3, within ten days.
State's counter affidavit and any further affidavit ... public to gain unfair advantage. Together with this affidavit, a criminal history of the prosecutrix's father was attached, which has a detail
prosecutrix) as PW2,
Mahadeb Bachhar (neighbor) as PW3, Bikash Sardar (another
brother of the prosecutrix) as PW4 and the prosecutrix herself ... prosecutrix regarding marriage of
prosecutrix with the appellant Goutam Patra.
38. Ld. Trial Judge, in my humble opinion, overlooked the
evidence of PW5 (prosecutrix
made out. It is further submitted that prosecutrix and her father have
furnished their affidavits and have stated that they have no objection if bail ... other material on record including the affidavits
furnished by the prosecutrix and her father. Having taken into consideration all
the facts and circumstances
