SANDEEP Vs. STATE OF UTTARAKHAND & ORS

JUDGEMENT

(1.) Petitioner has approached this Court seeking the following reliefs:-

(2.) Allegations in the F.I.R. are that the prosecutrix is a married woman having two kids. Her husband has left her. The complainant on the promise that he would marry her and adopt her children, establish physical relations with her. After one year, when the prosecutrix asked the petitioner for marriage, he used abusive language and refused to do marriage.

(3.) Learned counsel for the petitioner would submit that no case u/s 376 of IPC is made out against the petitioner as the prosecutrix was a consenting party. According to learned counsel, petitioner has been falsely implicated in the said case. To buttress his argument, learned counsel for the petitioner has placed reliance upon a judgment of Hon'ble Apex Court rendered in the case of Deepak Gulati vs. State of Haryana, (2013) 7 SCC 675.