MOOT PROBLEM NO 6

Kabir Alam, a young 22 year-old Muslim boy graduated in Commerce from Sahu
College Nasik. Parul, a beautiful Maratha Hindu girl is pursuing her junior
college studies from A. F. Dalmiya College, Nasik. They have been neighbours
for the longest possible time in their life. As years passed they developed a
relationship of love and affection and desired to marry each other. The only
impediment to this was Parul’s father who had strong reservations regarding
inter-religious relationship and marriage.

Despite of the resent opined by Parul’s father they continued to meet. Kabir used
to assure Parul of married life in the city once he got a job there. He also promised
to convince her father, Harish for their marriage.

Kabir and Harish crossed paths at a local market on one fine morning. Seeing this
as an appropriate opportunity Kabir tried hard to persuade him, but Harish did not
accede to the persuasion. Kabir got a well-paying job offer in the city of Pune.
Also, tired having faced constant disapproval from Harish and possibly seeing no
way out in the relationship with Parul, he picked up the job offer instantly and
shifted his base to Pune.

Two months later, he received a call from Parul requesting to meet him at Hotel
Trance in the village of Baramati. She expressed the fear of her parents looking
out desperately to get her married as quickly as possible. Having spoken for an
hour or so they proceeded to the Baramati Bus Stand to proceed to Pune. While
boarding the bus, Shivaji, a close friend of Harish catches a glimpse of them
together. Fleetingly, he calls up Harish and mentions this to him.

On the basis of the information shared by Shivaji, Harish files a police complaint
against Kabir. Two days later Kabir and Parul are caught living together in a small
room in Pune. The Police arrested Kabir and booked him under Sec. 361 and 366
of the Indian Penal Code, 1860.
Further they obtained the birth certificate of Parul which indicated that she was
only 17 years old.

The Trial Court convicted the Appellant of both the charges framed. Aggrieved
by the same, the Appellant has preferred this appeal to the Sessions Court.