JAGDISH PRASAD Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS is a revision against the order dated 28.7.97 of the Second Additional Sessions Judge, Murwara framing a charge under sections 376, 493 and 496 of the Indian Penal Code, against the petitioner.

(2.) THE proceedings started on the report of the prosecutrix made on 1.5.1996. The allegations were that the petitioner married the prosecutrix on 21.2.1996 in a temple. After the wedding he had sexual intercourse with her. But subsequently he denied the marriage and did not permit her to enter his house. The prosecutrix alleged that the accused had fraudulently gone through a ceremony of marriage and deceived her to consider herself as a lawfully married wife of the accused. He duped her and committed rape on her. In her statement under section 161 CrPC she alleged that the accused had sexual relations with her on 21.2.1996 against her will and without her consent, and continued to ravish her till 22nd March, 1996. Thereafter, he repudiated the marriage and stopped meeting her. She was beaten up and turned out of his house when she had gone there.

(3.) THE learned State counsel supported the order saying that the documents under section 173 CrPC made out a prima facie case for the charge.