AIROnline 2019 Chh 340

Chhattisgarh High Court

Hon'ble Judge(s): Ram Prasanna Sharma , J

Penal Code (45 of 1860) , S.450, S.376— Evidence Act (1 of 1872) , S.3— House trespass and rape - Proof - Accused allegedly kept physical relations with prosecutrix on pretext of marrying with her - Admittedly prosecutrix is major and she was in love with accused - Accused was ready to marry her but his family members were not ready for same - Evidence showed that accused obtained consent from prosecutrix for physical relations and it was not given under misconception - Prosecutrix being consenting party - Conviction, set aside. (Para 6 7 8)