Section 366 IPC
The accused is charged u/s 366 IPC and pleaded not guilty of the charges and the summons were served upon PWs. the victim in her statement u/s164 stated that she had love and affairs with accused person and they solemnised their marriage and she lived with accused for one month thereafter she appeared before the I.O of the case she was taken to hospital but she refused her medical examination. When the victim girl appeared before the court she in her examination in chief stated that accused forcibly took her and taken her to a unknown place and she stayed there for one phone. Prosecution exhibited her original birth certificate which reveals her age was 17 years at the time of occurrence. The statement of victim u/s 164 was also exhibited. The informant in her examination in chief stated that she didn't see any occurrence and other witnesses were also gave hearsay evidence and there is absence of Corroborative evidence supporting the version of victim. But it is a fact that victim was a minor at the time of occurrence, the defense in cross examination only gave suggestion that at the time of occurrence she was above 18 years, but her evidence is marked by flaws and gaps in such a situation whether it is proved that the victim was minor at the time of occurrence or prosecution succeed in proving the essential condition of section 366 IPC. and whether the prosecution will suceeds in securing a conviction of accused. please help with suggestion in preparing the argument of this case with landmark judgement in the light of the present case.
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