Penal Code, 1860–Secs. 376/511 [Corresponding Sec. 64/62 of BNS, 2023] –Code of Criminal Procedure, 1973–Sec. 227–Order of discharge–Set aside by the High Court–Justification–Bare perusal of FIR and charge-sheet shows that the physical relationship between the appellant and respondent no. 2 was consensual from very begining and cannot be said to be against her will–There is no material on record to show that there was any dishonest inducement, or incitement on part of the appellant–The mangalsutra being prepared with the initials of name of the complainant does reflect his intention and promise to marry but it cannot be said that the promise to marry was false–Prosecutrix was in a subsisting marriage when she was in a relationship with the appellant–Order passed by the High Court cannot be sustained.
