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Judgment
Prashant Kumar Mishra, J
The Trial Court has acquitted the accused of the charges under Section 376 (1) of IPC.
The prosecutrix was more than 18 years of age on the date of incident. In the FIR, she informed the Police that the accused committed forcible
sexual intercourse on promise to marry. However, in her court statement, she alleged that the accused used to travel with her in the bus in which she
used to go to college and on one day when she missed the bus, the accused persuaded her to move on foot and suddenly he caught hold of her and
committed forcible sexual intercourse and thereafter he continued to have relation with her. After 2-4 months, she went along with the accused to his
house where they stayed together for about one month. Thus, there is considerable delay in lodging the FIR after the first incident and moreover the
prosecutrix would state two different stories in the FIR and in her court statement.
Considering the prosecutrix's stay with the accused for considerably long period of time and her age of more than 18 years, we are not inclined to
grant leave to appeal against acquittal.
Accordingly, the CRMP is dismissed.