Considering the fact, as indicated, that the applicant and the victim was known to each other for about five years and the marriage between them was solemnized on 02.03.2023 and the victim was living with the applicant happily but the family members were opposing this relationship and accordingly, to create pressure upon the applicant and his family members, an FIR was lodged by the opposite party no. 2 on 09.01.2023 registered as FIR 04/2023 under Sections 363, 366, 376 IPC and Section 5(j)(ii)/6 of POCSO Act as also that the victim, at relevant point of time as per medical opinion was about 17-18 years and before the Court concerned made the statement under Section 164 Cr.P.C. and according to the same, the applicant has not committed any offense and further that the offense as indicated in the FIR is not made out in view of the fact that the marriage between the applicant and the victim was solemnized as also the observation made by Hon'ble Apex Court in the case of Siddaruda @ Karna Vs. State of Karnataka passed in Criminal Appeal No. 295 of 2021 on 22.02.2023, this Court finds that the matter requires consideration.
