NARESH Vs. STATE OF U P

JUDGEMENT

(1.) THIS bail has been moved in Case Crime No. 43 of 2009. The allegation against the applicant is that he has committed the offence of rape on the victim Km. Shushma.

(2.) THE allegation in the F.I.R. is that at about 6.00 P.M. in the evening of 18.1.2009 when the victim had gone to the field to attend the call of nature, the applicant allegedly enticed away the victim. THE basis for this suspicion was that the applicant used to manage telephone calls at his friend's place where the victim also allegedly used to communicate with him. THE F.I.R. names 3 other persons, who allegedly helped the applicant in communicating with the victim on telephone.

(3.) CONSENT has been defined ordinarily as an assent by a person, whether a girl or a boy, who has attained the age of majority. It means to feel together and to be of the same mind. It is an agreement in sentiment to be at one and in accord. It reflects harmony and to act in sympathy with each other. It is voluntary accession or acquiescence to what another proposes or desires. It is in effect a concession where one concedes with concurrence and is presumed to have extended permission.