T NAGESWARA RAO Vs. STATE OF AP

JUDGEMENT

(1.) This matter was heard at length initially. Both the parties were directed to be present before this Court. The order was also dictated initially. However, in view of the case law cited in another matter viz., The State of Madhya Pradesh v Laxmi Narayan and Ors., 2019 AIR(SC) 1296 = this Court again reopened the matter and heard both the learned counsel.

(2.) Prior to the initial hearing, both the parties were present. In camera proceedings in the chamber, both L.Ws.1 and 2 viz., the victim and her husband, clearly and categorically admitted before this Court that the offence of rape was not committed at all. The victim and her husband clearly admitted that there was no force or compulsion to give any statement before this Court and that voluntarily they are stating before this Court that the offence of rape was not committed at all.

(3.) This is a fact which has to be recorded and the victim and her husband were very clear in their statement that the offence was not committed. Initially, it is pointed out that the case under Section 363 IPC was registered later the offence under Section 376 IPC read with Section 507 IPC was also included. L.W.2-the victim, however, was clear that no offence is committed on her. L.W.1-the husband of the victim supported her.