Penal Code, 1860–Secs. 376 & 450–Charge framed for the offence–Justification–Complainant entered into nata marriage with accused as per hindu rituals & customs–Subsequently accused informed that he is continued to profess the muslim religion–No case that he exposed as somebody else and then established the sexual relations with the complainant–Offence u/s. 376 is not made out–Further, he did not practice any deception with the prosecutrix–Hence the charge u/s. 420 also cannot be sustained–Impugned order of framing charge deserves to be quashed.
