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2022 Supreme(Raj) 2835

BIRENDRA KUMAR
Siyaram Son Of Kaduram – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
Mr. Rajneesh Gupta, for the Appellant; Mr. Prashant Sharma, PP Mr. Abdul Rahim Khan, for the Respondent

JUDGMENT

1. The petitioner, an accused in FIR No. 79/2021 registered with Mahila Thana, Police Station, Sawai Madhopur for offence under Section 376(2)(n) IPC, has sought for quashment of the FIR.

2. According to FIR, the prosecutrix, a married lady was not pulling relation with her husband well, therefore, she was residing along with her parents and preparing for REET competitive examination. In the year 2015, the prosecutrix met with the petitioner. The petitioner started one sided love with her. When the prosecutrix was ignoring the petitioner, the petitioner posed that he would commit suicide. The prosecutrix tried to convince the petitioner that she is already a married lady and has already lost one of her leg in an accident in her childhood, therefore, she was not suitable for the petitioner but the petitioner continued insisting for marriage and in the year 2015, on three to four occasions, established physical relations in the village of the prosecutrix in Gangapur city. Thereafter on different places of the District, the petitioner was in physical relations with the prosecutrix on the pretext of marriage. Whenever the prosecutrix asked the petitioner to get married with her,

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