RENUKA RAISING RATHOD Vs. BHAU PRATAP CHAVAN

JUDGEMENT

(1.) THIS is an application under Section 439 (2) of Criminal Procedure Code filed by original complainant-prosecutrix for cancellation of anticipatory bail granted to the non applicant-accused.

(2.) A complaint dated 5. 9. 1988 came to be made by the applicant and the offence under Section 376 of Indian Penal Code came to be registered against the non-applicant under the following facts and circumstances Renuka Raising Rathod-applicant herestyled herself as being a 16 years old girl in this application dated 12-10-1988. Therein she submits that she is a poor labourer and the opponent being a cultivator, she had been to his field for work on wages. The applicant became a victim of the opponent's lust. Eventually she permitted him regular sexual intercourse with her upon his blandishment that he would marry and take her as his wife. The illicit intimacy resulted in conception.

(3.) THE complainant, therefore, started pressing the non-applicant for an early marriage which he went on prolonging and when she appeared to be bent upon a marriage, he threatened to kill her out right. She, therefore, lodged a report against him in the first instance on 25. 8. 1988. While this complaint was under enquiry, the non-applicant fearing evil consequences, contacted and assured her that he would definitely marry her. He then offered a pedah to her which was mixed with some substance which resulted in an untimely delivery, fn fact an abortion. When the abortion resulted, the non-applicant told her that he was totally free in view of the abortion and that he would, therefore, not bother about marrying her at all. The complainant lodged a report of this abortion at the Police Station, Darwah on 5. 9. 1988 and she was also sent for medical examination which satisfactorily established that she had been in a state of pregnancy.