RISHABH SAXENA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal under Section 374(2) of Cr.P.C. has been directed by the appellant/accused against the judgment dated 07.10.2014, passed by the VIIth Additional Sessions Judge, Bhopal (M.P.), in S.T. No.183/2014, whereby the appellant/accused has been convicted for commission of offence punishable under Section 376(1) of IPC and sentenced to undergo RI for life with fine of Rs.1,00,000/- with default stipulation.

(2.) The prosecution story in short is that the prosecutrix on 11.05.2013 made a written complaint at police station Mahila Thana, Bhopal to the effect that the appellant comes in her distant relation. She came in contact with appellant/accused in the month of August, 2011. Appellant developed intimacy with her on promise to marry. It was also known to their families that they like each other. On 23.01.2012 appellant took the prosecutrix to Panchmani on a pleasure toure and established physical relationship with her by assuring her to marry. He promised her that after returning home he would talk to her parents and thereafter, perform marriage with her. Later on, on request of appellant, the sister of prosecutrix took a proposal of marriage of prosecutrix with appellant to the parents of appellant, but they refused to accept the proposal. Thereafter, again the appellant assured the prosecutrix that he would perform court marriage with her and committed sexual intercourse with her. It is alleged by the prosecutrix that till 17.12.2012, the appellant had continuously committed sexual intercourse with her on promise of marriage and when she insisted him to perform marriage, he refused to marry her and broke down the relationship. It is further alleged by the prosecutrix that the appellant had committed rape on her on false pretext of marriage.

(3.) The police recorded FIR Ex.P-2 on complaint of prosecutrix and registered the offense. Prosecutrix was medically examined, the statements of witnesses were recorded and after usual investigation, a charge has been filed against the appellant.