Omprakash Alias Oman Vs. State of M.P.

Omprakash Alias Oman vs State of M.P.

Disposition Misc. Criminal Case allowed Court Chhattisgarh Decided Nov 24, 2000

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Citation: sooperkanoon.com/496006
Court: Chhattisgarh High Court
Judge: Mr. R.S. Garg, a.C.J.
Decided On: Nov 24, 2000
Case Number: Misc. Cr. Case No. 5855/2000
Subject: Criminal
Disposition: Misc. Criminal Case allowed

Case Summary

AI-generated summary - not the official court judgment text.

- - 4. From the records, it clearly appears that the girl was a consenting party and there is a serious dispute about her age. 10,000/- with one surety in the like amount to the satisfaction of the Chief Judicial Magistrate, Durg.

Key legal issue: Criminal
Outcome / disposition: Misc. Criminal Case allowed
Acts & sections: Code of Criminal Procedure (CrPC) , 1974 - Sections 439; Indian Penal Code (IPC), 1860 - Sections 376 and 450

Parties & Advocates

Appellant / Petitioner

Omprakash Alias Oman

Advocate Shri R.K. Singh, Adv.

Respondent

State of M.P.

Advocate Dr. N.K. Shukla, Deputy Adv. General

Legal References

Acts: Code of Criminal Procedure (CrPC) , 1974 - Sections 439; Indian Penal Code (IPC), 1860 - Sections 376 and 450
Reported In: 2001(1)MPHT25(CG)

Excerpt

- - 4. from the records, it clearly appears that the girl was a consenting party and there is a serious dispute about her age. 10,000/- with one surety in the like amount to the satisfaction of the chief judicial magistrate, durg.orderr.s. garg, ag.c.j.1. heard.2. diary of crime no. 109/2000 registered at police station, gurur (durg) for offences punishable under sections 376 and 450, ipc perused.3. the prosecution allegations are that the applicant allured and seduced a girl, who was below 15 years after assuring her of marriage and as the girl was below 16 years of age, the applicant is answerable to the charge.4. from the records, it clearly appears that the girl was a consenting party and there is a serious dispute about her age. the prosecution says that the date of birth of the girl is 2-2-85 while from the order of the court below, it appears that the date of birth as per kotwar pustak is 7-1-84.5. be that as it may, taking into consideration, the nature of allegations and conduct of the prosccutrix, i consider present to be a fit case for admitting the applicant to bail.6. the applicant be released on bail on his furnishing a personal bond in the sum of rs. 10,000/- with one surety in the like amount to the satisfaction of the chief judicial magistrate, durg.7. certified copy today.8. misc. criminal case allowed.

Full Judgment

ORDER

R.S. Garg, Ag.C.J.

1. Heard.

2. Diary of Crime No. 109/2000 registered at Police Station, Gurur (Durg) for offences punishable under Sections 376 and 450, IPC perused.

3. The prosecution allegations are that the applicant allured and seduced a girl, who was below 15 years after assuring her of marriage and as the girl was below 16 years of age, the applicant is answerable to the charge.

4. From the records, it clearly appears that the girl was a consenting party and there is a serious dispute about her age. The prosecution says that the date of birth of the girl is 2-2-85 while from the order of the Court below, it appears that the date of birth as per Kotwar pustak is 7-1-84.

5. Be that as it may, taking into consideration, the nature of allegations and conduct of the prosccutrix, I consider present to be a fit case for admitting the applicant to bail.

6. The applicant be released on bail on his furnishing a personal bond in the sum of Rs. 10,000/- with one surety in the like amount to the satisfaction of the Chief Judicial Magistrate, Durg.

7. Certified copy today.

8. Misc. Criminal Case allowed.

Same Court & Year Chhattisgarh · 2000 Same Parties Omprakash Alias Oman vs State of M.P. Same Subject Criminal Same Judge Mr. R.S. Garg, a.C.J. Acts & Sections Code of Criminal Procedure (CrPC) , 1974 - Sections 439; Indi...

Criminal