VIRAL KHUSHALBHAI PARMAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an Application under Sec. 438 of Cr.P.C. filed by the aforesaid Applicant apprehending his arrest in C.R.No.262/2023 registered with Versova Police Station, Mumbai for offences punishable under Sec. 376(2)(n) of the Indian Penal Code and Sec. 67(a) of Information Technology Act, 2006.

(2.) Heard learned counsel for the Applicant, learned APP for the State and learned counsel for the first informant. I have perused the records and considered the submissions advanced by the learned counsel for the respective parties.

(3.) The facts narrated in the FIR prima facie reveal that the Applicant and the prosecutrix, both adults, had indulged in sexual relationship. The FIR reveals that the Applicant is a married man and that the prosecutrix was aware that the Applicant is already married and hence, there was no misunderstanding or misconception of fact. Hence, prima facie, offence under Sec. 375 IPC is not made out.