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Judgment
Alok Singh, J.—This is a petition seeking anticipatory bail in case FIR No. 42 dated 24.02.2011, under Sections 420, 376 of the Indian Penal Code, registered at Police Station Division No. 4 (Civil Lines), Ludhiana City.
As per the contents of the FIR, accused-Petitioner made false promise with the prosecutrix to marry with her and made physical contacts with her. She became pregnant and thereafter got aborted and ultimately Petitioner-accused refused to marry with her.
Learned Counsel for the Petitioner has vehemently argued that since the Petitioner, as well as, the prosecutrix are major and sexual relationship was made with her consent and will, therefore, no offence punishable u/s 376 IPC is made out.
As per Section 90 of the Indian Penal Code, if consent is obtained by playing fraud with false promise to marry with the prosecutrix, then it cannot be said to be free consent. Free consent/willingness is sine qua non to say that physical relations were made with the consent of the prosecutrix. Since consent was obtained by playing fraud, therefore, it cannot be said to be a free consent. Prima facie offence u/s 376 IPC seems to have been made out against the Petitioner. No ground is made out for anticipatory bail.
Dismissed. However, it is made clear that any observation made herein before is only for the purpose of deciding this bail application.