GAFFAR Vs. STATE OF U P

JUDGEMENT

(1.) -

(2.) HEARD learned counsel for the applicant and learned A.G.A. as well as perused the whole records.

(3.) THE statement of prosecutrix recorded under Section 164, Cr. P.C. reveals that the applicant has committed rape upon her without consent forcibly by entering the clothes in her mouth. In such circumstances, she cannot be a consenting party. It is worthwhile to mention here that the applicant is a previous convict for the offence of Section 376, I.P.C.