MAMTABAI Vs. STATE OF M P

JUDGEMENT

(1.) HEARD.

(2.) THIS first application filed by the applicant under Section 438 of criminal Procedure Code for grant of anticipatory bail apprehending arrest in connection with Crime No. 212/06 registered by police Awantipur Brodia, shajapur under Sections 376 (2) (g) and 506 read with Section 34 of Indian Penal code against co-accused Girdhari and present applicant, on the allegation that co-accused Girdhari committed rape of prosecutrix, who ultimately become pregnant and present applicant asked the prosecutrix to permit co-accused girdhari to perform sexual act with her and assured that nothing harm will happen.

(3.) LEARNED Counsel for the applicant submitted that, firstly the prosecutrix was the consenting party, and secondly he submitted that present applicant being a lady she cannot be prosecuted for the offence punishable under Section 376 (2) (g) of Indian Penal Code and in view of the latest pronouncement of the Supreme Court in the case of Priya Patel Vs. State of M. P. and another, (2006) 3 SCC (Cri) 96.