MAHENDRA KUMAR SAHU Vs. STATE OF C G

JUDGEMENT

(1.) The applicant has preferred this application under Section 438 of Cr.P.C., apprehending his arrest in connection with Crime No. 92/2011, registered at Police Station-Koni, District Bilaspur for alleged commission of offence under Section 376 of the IPC. Case of the prosecution, in brief, is that the applicant committed rape on one Pinky Singh.

(2.) Learned counsel for the applicant submitted that even according to the statement and allegation of the complainant-Pinky Singh that the present applicant and Pinky Singh had long standing love affair, since 11/2 years. He submits that the allegation of commission of offence of rape, on the face of submission that the applicant and Pinky Singh used to meet together and there was a stage of marriage between them, clearly shows that the present is a case of false implication. He also submitted that even if it is assumed that there were physical relations between them, it was with the consent.

(3.) On the other hand, learned State counsel submitted that the complainant-Pinky Singh has stated in the FIR as well as in the case diary statement that she and the present applicant had love affair and the applicant had assured to marry her and on that promise, he committed the offence of rape.