Yogendra S/O. Bhojaraj Walode v. State Of Maharashtra Thr. P.S.O., Mauda, Dist. Nagpur

aba22.19.O.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (ABA) NO.22 OF 2019 (Yogendra s/o Bhojaraj Walode Vs. State of Maharashtra thr. PSO PS Mauda, Dist. Nagpur) --------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

--------------------------------------------------------------------------------------------------------------------------------- Shri O.K. Masurke, Advocate for Applicant.

Shri N.R. Rode, APP for Non-Applicant/State.

CORAM: M.G. GIRATKAR, J.

DATE: 10 th JANUARY, 2019.

Heard Advocate Shri Masurkar for the applicant. He has submitted that complainant/victim is major, aged about 22 years. Sexual intercourse took place with her consent. When applicant refused to marry, she lodged the report.

Learned APP Shri Rode has strongly objected the application. From the perusal of FIR, it appears that first sexual intercourse took place without her consent forcibly and again sexual intercourse took place forcibly under the promise of marriage and, therefore, she could not lodge report earlier. The applicant promised to marry and refused to perform marriage with her.

Whether consent given by victim was consent or not is to be decided by the trial Court. Hence, applicant is not entitled for any protection. Hence, the application is rejected.

JUDGE NSN