GOVINDDAS Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is first bail application filed by the applicant under Sec. 439 of the Code of Criminal Procedure, 1973 for grant of bail relating to F.I.R. No. 261/2022 dated (not mentioned) registered at Police Station-Pipalrawa, District-Dewas (M.P.) for the offence under Sec. 376, 376(2)(n), 366 and 506 of I.P.C.

(2.) It is alleged that the applicant had committed rape with the prosecutrix on promise of marriage.

(3.) Counsel for the applicant submits that the prosecutrix is already a major married woman and complaint was lodged by the husband of the prosecutrix alleging that in the morning, the prosecutrix was not found at home and missing report was lodged and thereafter about 6 to 7 days, she was recovered. It is argued that the prosecutrix is a major married woman and she was a consenting party. She remained with the applicant for a period of 6 to 7 days. The applicant has falsely been implicated in the case.