LAWS(MPH)-2002-7-113

RAMNIWAS Vs. STATE OF M P

Decided On July 19, 2002
RAMNIWAS Appellant
V/S
STATE OF M P Respondents

JUDGEMENT

(1.) BOTH Advocates heard.

(2.) PROSECUTRIX is a conserting party. She was above 16 years of age but below 18 years of age, as per case diary statements. Thus, no case of rape is made out prima facie. Charge under S. 376 of the Indian Penal Code is quashed. However, as the prosecutrix was a minor, being below 18 years, the trial for an offence under S. 366 of the Indian Penal Code shall continue as it is.

(3.) REVISION is disposed of with the above directions.