MAHADEB SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) ON repeated call, nobody appears on behalf of the appellant to argue this case.

(2.) ON the request of the Court, Mr. Pankaj Kumar argued this case as Amicus Curie.

(3.) IT is submitted by learned Counsel for the appellant that as per the prosecution case given by the prosecutrix herself that she had left her house with the appellant on her own free will to get married in the Court and on the date of occurrence i.e. on 12.12.1981 she had to go to Court for marriage but on the same day in the evening some neighbours raised objection of keeping her in his house by the accused. At the instance of neighbours, they were arrested by the police. Learned court below considered the case of the appellant and acquitted the appellant under Section 366 and 366A of the Indian Penal Code, but the Court had wrongly found the appellant guilty under Section 376 of the Indian Penal Code giving the finding that the appellant enticed the victim and she was raped against her own free will. In that view of the matter, conviction of the appellant under Section 376 of the Indian Penal Code is bad in law and fit to be set aside.