ARVIND MITHABHAI GOHIL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE Learned APP waives service.

(2.) THIS application is filed under Section 438 of the Code of Criminal Procedure in connection with First Information Report registered as I - C.R. No.104/2014 with Bhimasar Police Station, Gandhidham, Kutch (East) for the offences punishable under Sections 376, 366 and 114 of the Indian Penal Code.

(3.) HAVING considered the rival contentions, prima -facie, a perusal of the First Information Report clearly indicate voluntary accompaniment and five day of the informant's stay with the applicant, in presence of one - Kamlaben, in the house possessed by her. It also transpires that after garlanding each other (representing the act of marriage), the victim stayed with the applicant as aforesaid and allowed him to have frequent sexual intercourse with her, although she alleges such an act as involuntary.