HEMANT CHOUBEY Vs. STATE OF M.P.

JUDGEMENT

(1.) HEARD .

(2.) THIS revision under Section 397 read with Section 401 of Cr.P.C. has been filed by the accused/petitioner challenging the order dated 07.10.2014 passed by the learned 2nd Additional Sessions Judge, Dabra district Gwalior in Sessions Trial No. 557/2014 by which the learned Additional Sessions Judge has framed charge against the petitioner under Section 376 of IPC.

(3.) AFTER filing of charge -sheet, learned Trial Court framed charges under Sections 376(1) and 506 of IPC. The petitioner challenged the framing of charges on the ground that the impugned order dated 07.10.2014 is erroneous. It is not in accordance with the evidence available in the record. Her statement does not corroborate the medical report. The prosecutrix was a consenting party throughout. The consent obtained on the basis of promise to marry does not fall in the category of â € œrapeâ € . Therefore, the impugned order be set aside.