Order on Board

21/01/2021

1. The applicant has preferred this application under Section 439 of Cr.P.C. as he is in jail since 09.10.2020 in connection with Crime No.302/2020 registered at Police Station Torva, District Bilaspur, C.G. for the offence punishable under Sections 376 and 417 of Indian Penal Code.

2. Case of the prosecution, in brief, is that in the month of November, 2015 prosecutrix, aged about 27 years, met the applicant in Temple and thereafter they started talking with each other on mobile. In the month of January, 2016, applicant went to the house of prosecutrix and on the pretext of marriage, he established physical relations with her. When the prosecutrix told the applicant to marry, he left her. Thereafter, she went to the police station and lodged the report against the applicant.

3. Learned counsel for the applicant submits that applicant is an innocent person and has been falsely implicated in this case. He also submits that prosecutrix has lodged the FIR after the inordinate delay of 4 years and no proper explanation has been given by the prosecutrix regarding such delay in lodging the FIR. He submits that the prosecutrix is a married and well grown up lady of 2