KAUSHIKBHAI CHANDUBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with I- C.R.No.05 of 2017 registered with Mahuva Police Station, District Surat, for the offence punishable under Section 376 of the Indian Penal Code.

(2.) It is the case of the prosecution that the complainant's daughter has alleged that while she was residing with her parents and pursuing her Second Year of M.A., she got engaged to the present applicant and the marriage was fixed in the month of October, 2017. It is also alleged by the prosecutrix that the applicant had lured her to enter into the physical relationship with her and thereby, had committed offence of rape on the promise of marrying with her. It is also alleged that the applicant had no intention to marry with the prosecutrix and therefore, his act of repeated physical relationship constitutes an offence under the law.

(3.) According to the applicant, the applicant and prosecutrix both were engaged. The age of the applicant and prosecutrix are 28 years and 24 years respectively. The prosecutrix is educated and also fully knowing the consequences of her act. It was out of their own volition that they chose to have the intimate relationship prior to the marriage. The relationship became sore because of the attitudinal problems and the prosecutrix has lodged a complaint aggrieved by the breaking of engagement.