Indian Penal Code, 1860
Sections 376(2)(n) & 417—Rape and cheating—Order rejecting discharge application—Challenged—Victim in the FIR reveals that there was a love affair between applicant and victim—No material on record to show that since the beginning, the applicant had no intention to marry the victim and that he had made a false promise only to satisfy his lust—It is clear from the allegations in the FIR that it is the applicant, who was ready to marry—Merely because applicant resiled from his promise to marry, since his parents were not agreeable to their marriage, it cannot be said that the applicant committed the offence punishable under Section 375 of IPC—Continuation of proceedings against applicant, will be an abuse of the process of law—Impugned order order of Sessions Judge rejecting the application for discharge does not stand and requires to be set aside—Petition allowed.
[Paras 11 to 13, 15 & 16]