DURGESH NETAM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal under Section 372 of CrPC has been filed against the judgment dated 02.03.2019 passed by Additional Sessions Judge (FTC), Raipur, C.G. in ST No.67/17 whereby the respondent no.2/accused has been acquitted of the charge under Section 376(2)(n) of IPC.

(2.) Allegation against the accused is that he repeatedly committed sexual intercourse with the prosecutrix, aged about 33 years, on the promise of marriage.

(3.) Learned counsel for the appellant would refer to Section 375(4) of IPC and paras 12 & 13 of the recent judgment rendered by the Hon'ble Supreme Court in the matter of Anurag Soni vs. State of Chhattisgarh {Criminal Appeal No.629 of 2019 (Arising Out of SLP (Criminal) No.618/2019 decided on 09.04.2019} to argue that the present is a case where the appellant consented for sexual intercourse on promise to marry by the accused, therefore, offence under Section 376(2)(n) is made out.