CHANDRABHUSHAN CHOUDHARY Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD learned counsel for the applicant and learned APP for the State.

(2.) THE applicants seek pre-arrest bail under section 438 of the Code of Criminal Procedure in respect of the offence registered against them with Central police station, Ulhasnagar under C.R. No.I-281/07 for offences punishable u/s.363, 366, 376 and 34 of the IPC.

(3.) IN Uday v. State of Karnataka, reported in 2003 (4) SCC 46, the Supreme Court has held that the consent for sexual intercourse said to be obtained by false promise of marriage could be said to be no consent. given by the prosecutrix to have sexual intercourse. In para 21 of the judgment, the Supreme Court observed as follows:-