IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Crl. Misc. No. M-9222 of 2011 (O&M)
Date of Decision: May 02, 2011
Gagandeep Singh @ Rana.
. ....Petitioner
Versus
State of Punjab.
... Respondent
CORAM: HON'BLE MR. JUSTICE ALOK SINGH
1. Whether reporters of local news papers may be
allowed to see judgment?
2. To be referred to reporters or not?
3. Whether the judgment should be reported in the Digest?
Present: Mr. Swarn Sandhir, Advocate,
for the petitioner.
Alok Singh, J. (Oral)
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
Crl. Misc. No. M-9222 of 2011 2
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 under
Section 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 under Section 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.
May 02, 2011 ( Alok Singh ) vkd Judge