LAWS(JHAR)-2008-10-35

UMASHANKAR GOND ALIAS BACHI Vs. STATE OF JHARKHAND

Decided On October 18, 2008
UMASHANKAR GOND @ BACHI 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.

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

(3.) IT is submitted on behalf of the petitioner that the instant case has been filed against the petitioner entirely on false and misleading allegations on account of grudge and malice of the informant. It is further submitted that even according to the allegations in the F. I. R. , no offence under Section 376 of the Indian Penal Code is made out since the prosecutrix is admittedly above the age of 16 years and she was a consenting party.