JAGANNADHA RAO Vs. KAMARAJU
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Benson, J -
(1.) In this case the accused have been acquitted of the offence of taking a girl under the age of 14 years out of the keeping of her lawful guardian without his consent with intent that she should be compelled, or knowing it to be likely that she would be compelled, to marry against her will ( Secs.361, 363, 366, Indian Penal Code).
(2.) Government appeals against the acquittal.
(3.) I think the facts have been correctly found by the Sessions Judge, and may be briefly stated as follows: The girl, Sarasama, aged 8 years, is the daughter of P. Acharlu, a Tahsildar. Her sister, Ramamma, is married to a nephew of Kamaraja, Sarasamma had been on a visit with her sister, Ramamma, in the house of Kamaraju for about a month, with her father's knowledge and consent. The accused are four brothers, and they are the nephews of P. Acharlu. About midnight on the 10 June they came to the house of Kamaraju, which is close to their own, and took the girl, Sarasamma, to their own house, where she was at once married to the third accused. The consent of P. Acharlu was not asked for, nor obtained, and the accused and Kamaraju knew that it would be refused if asked for. Kamaraju after the marriage pretended that the girl was taken away without his consent, but the finding is that he was present at the marriage and really consented to it, hoping to persuade P. Acharlu to accept accomplished facts after the marriage was over. The girl was kept for some 36 hours in the house of the accused, and was then given up to the police whose aid had been sought on behalf of P. Acharlu.;
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