MOHAMMAD SUBHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard. Rule. Rule made returnable forthwith. By consent of learned counsel Mr. Amit Vasantrao Band for the Applicant, Ms Soniya Thakur, learned APP for Non-applicant No.1/State and Ms Jayanti A Deshpande, learned counsel (appointed) for Non-applicant No.2, with permission of the parties, the application is taken up for final hearing at the stage of admission, with consent of the parties.

(2.) By this application, the challenge is to the proceedings registered as Sessions Case No. 78/2024, arising out of Crime No. 201 of 2023 dtd. 21/6/2023, for the offence punishable under Ss. 376 (2)(n), 294 and 506 of the Indian Penal Code. The applicant approached this Court on the ground that the offence registered against him under Sec. 376(2) (n) of the IPC is not attracted in the matter for the reason that applicant and complainant were in love relations and out of that love relations, sexual intercourse were taken place between them. However, after a period of one year, due to breakdown of love affair, the present complaint came to be lodged against him and therefore according to him, the offence under Sec. 376(2) (n) of IPC is not made out in the matter.

(3.) The case of the prosecution in short is that, on 21/06/2023, the complaint was lodged by the non-applicant No.2 alleging that when she was pursuing her studies and used to travel by bus, she came in contact with a present applicant. Thereafter, their love relationship developed. According to her, when their love affair developed, the applicant with intention to satisfy his lust has taken her to Oyo Midas Hotel, Nagpur, against her wish and forcibly committed sexual intercourse. Thereafter he has abused and assaulted her. It is also alleged that, thereafter on the threats, the present applicants had established a forcible sexual intercourse with her and the same was going on from the period from 12/09/2022 till 21/06/2023. Hence, according to the complainant, there was forceful sexual relations at the instance of the present applicant and therefore, offence punishable under Ss. 376 (2)(n) and 294 of the Indian Penal Code, came to be registered against Applicant.