Penal Code, 1860–Secs. 376(2)(n) & 506–Code of Criminal Procedure, 1973–Sec. 227–Prayer for discharge–Rejected–Justification–Statements of prosecutrix u/ss. 161 & 164 were recorded within a span of 24 hours–These are not only self-contradictory but also contradictory to each other–The appellant had lodged the FIR two years after the alleged incident is itself suggestive of the consensual nature of relationship–Prosecutrix was fully conscious of the consequences of her own action–It is not her case that the appellant forced her to have bath under the waterfall and thereafter, took her photographs–Neither the photographs nor the stamp papers or the jewellery allegedly given by the prosecutrix were seized–Physical relations between the prosecutrix and the appellant cannot be said to be against her will or without her consent–Further, there is no misconception of fact–Held, proceedings are liable to be quashed.
