LAWS(JHAR)-2008-10-20

KARTIK PRASAD Vs. STATE OF JHARKHAND

Decided On October 18, 2008
KARTIK PRASAD Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) THE petitioner is an accused for the offence under Section 376 of the Indian Penal Code read with Section 3/4 of the S. C. and S. T. Act.

(2.) HEARD learned counsel for the petitioner and learned counsel for the State.

(3.) IT is submitted on behalf of the petitioner that no case under section 376 of the Indian Penal Code is made out even on the basis of the allegations in the F. I. R. since the prosecutrix is admittedly a major woman and she had voluntarily indulged in co-habitation with the petitioner for more than two years, living with him in a rented house in Bokaro.