ORAL JUDGMENT:

1. Heard Mr. Raikar, learned Counsel for the applicant and Mr.Pravin Faldesai, learned Additional Public Prosecutor for the respondent Nos.1 and 2.

2.Even though the notice was issued to the victim, none appeared for her. Mr. Faldessai points out that the victim is present. A reply is filed on behalf of respondent No.3 which is dated 05/12/2023 thereby opposing the present proceedings.

3.The challenge in the present petition is to the order passed by the learned Sessions Judge dated 25/08/2023 by which the application for discharge filed by the applicant /accused was rejected and at the same time directed to frame charge against the applicant/accused for the offence punishable under Section 376, 313 and 201 of IPC.

4.Admit. Heard learned Counsel for final disposal at the admission stage itself with consent.

5.Mr. Raikar appearing for the applicant would submit that from the charge sheet and statement of the victim recorded under Sections 161 and 164 of CrPC, it is amply clear that ingredients of Section 376 of IPC are not made out. He submits that relationship between applicant and the victim was consensual and there was no promise to marry with intention to defraud the vict