JUDGMENT :

SHARAD KUMAR SHARMA, J.

1. The content of the FIR apparently speaks in itself as to whether at all, under the peculiar set of circumstances, and the allegations levelled therein, there could at all be an offence under Section 376 of the IPC.

2. The complainant/respondent No. 2, when she registered an FIR on 30th June, 2020, being FIR No. 308 of 2020, she levelled an allegation for commission of offence under Section 376 of the IPC, as against the named accused person, i.e. the present applicant. But considering the gravity of the offence under Section 376 of the IPC, though apparently, it seems to be a social menace, which is normally levelled against a male, but then, we have to simultaneously balance the equity or and also look into the aspect of the contribution or the active role played by a female for commission of the offence under Section 376 of the IPC.

3. The offence under Section 376 of the IPC, is only penal in nature, which provides for a punishment to an accused person who is ultimately found to be involved in the commission of rape. In order to derive as to whether an act complained of in the FIR, actually happens to be a rape itself, Section 376 of the IPC, is