Penal Code, 1860–Secs. 377 & 328–Charge framed for the offence–Justification–Allegation by complainant-wife that the petitioner committed the unnatural offence in the year 2013 by administering her the intoxicant substance–General allegations without any specific date–Except this allegation, all other allegations were mentioned in her application u/s. 125, which was filed in the year 2019–Police could not get the FSL report of her swab and the report obtained by the petitioner under R.T.I. does not support the case of prosecution–No sufficient evidence for framing the charge–Petitioner is entitled to be discharged.
