SURESH RAMJIBHAI DEVIPUJAK Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present application under section 438 of the Code of Criminal Procedure, 1973, the applicant has prayed to release him on anticipatory bail in case of his arrest in connection with the FIR registered as C.R No.I-139 of 2017 registered with Junagadh ?B? Division Police Station.

(2.) Learned advocate for the applicant has submitted that the applicant and the prosecutrix were in love with each other and the prosecutrix accompanied the applicant of her own and thereby, abandoned the guardianship of her parents voluntarily.

(3.) Learned APP, while opposing the application, has submitted that at the relevant time, the prosecutrix was aged 17 years 11 months 27 days. She being the minor, the question of consent does not arise and therefore, the offence under section 376 of Indian Penal Code has been committed and therefore, the applicant may not be enlarged on bail.