REPORTABLE

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 2060 OF 2008

[arising out of SLP (Criminal) No. 5644 of 2005]

STATE OF M.P.

… APPELLANT

VERSUS

BABLU NATT

… RESPONDENT

J U D G M E N T

S.B. SINHA, J.

1.

Leave granted.

2.

On 26.03.2000, Respondent bought paddy husk for a sum of Rs.

500/- from the father of the prosecutrix whereafter they were said to have

become acquainted with each other. Respondent and his friend Mohan

Bangali, who came with him, at their request were allowed to sleep in the

Khalihan. However, in the middle of the night, he took the prosecutrix

away with him. On the next day, i.e., on 27.03.2000, a First Information

Report (FIR) was lodged by Shaktideen, father of the prosecutrix. The

prosecutrix was a minor but a married woman. She was recovered on

27.7.2000. Respondent was arrested on 28.7.2000. Charges for

commission of offences punishable under Sections 366 and 376 of the

Indian Penal Code (‘IPC’ for short) were framed.

3.

Respondent in his defence raised a plea that prosecutrix was a

consenting party. He also raised a plea that she was major. In support of

the said contentio