SHIVDAYAL Vs. STATE OF M P

JUDGEMENT

(1.) Heard. Anticipating arrest in connection with Crime No. 105/2000 of Police Station Multai for offence punishable under Section 376 IPC the applicant has filed this petition under Section 438. Cr. P.C.

(2.) One Archana a girl aged 20-21 years, lodged a written report that the applicant developed an intimacy with her; thereafter enjoyed sex, gave her assurance to marry, but later on refused to marry her, therefore, proper action be taken. From the report, it appears that before registration of the crime and lodgment of the report, the accused and said Archana appeared before the town Inspector before whom the present applicant gave an assurance that he would marry the complainant very shortly. The matter was referred to Parivar Panchayat where the present applicant denied the allegations and offered himself for the enquiries.

(3.) Be that as it may the fact remains that the girl is about 20 years of age; she was a consenting party; she conceived pregnancy, and after the applicant refused to marry her, she lodged the report.