IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-9222 of 2011 (O&M) Date of Decision: May 02, 2011 Gagandeep Singh @ Rana. . ….Petitioner Versus State of Punjab. … Respondent CORAM: HON’BLE MR. JUSTICE ALOK SINGH 1. Whether reporters of local news papers may be allowed to see judgment? 2. To be referred to reporters or not? 3. Whether the judgment should be reported in the Digest? Present: Mr. Swarn Sandhir, Advocate, for the petitioner. Alok Singh, J. (Oral) This is a petition seeking anticipatory bail in case FIR No. 42 dated 24.02.2011, under Sections 420, 376 of the Indian Penal Code, registered at Police Station Division No.4 (Civil Lines), Ludhiana City. As per the contents of the FIR, accused-petitioner made false promise with the prosecutrix to marry with her and made physical contacts with her. She became pregnant Crl. Misc. No. M-9222 of 2011 and thereafter got aborted and ultimately petitioner-accused refused to marry with her. Learned counsel for the petitioner has vehemently argued that since the petitioner, as well as, the prosecutrix are major and sexual relationship was made with her consent and will, therefore, no offence punishable under Section 376 IPC is made out. As per Section 90 of the Indian Penal Code, if consent is obtained by playing fraud with false promise to marry with the prosecutrix, then it cannot be said to be free consent. Free consent / willingness is sine qua non to say that physical relations were made with the consent of the prosecutrix. Since consent was obtained by playing fraud, therefore, it cannot be said to be a free consent. Prima facie offence under Section 376 IPC seems to have been made out against the petitioner. No ground is made out for anticipatory bail. Dismissed. However, it is made clear that any observation made herein before is only for the purpose of deciding this bail application. May 02, 2011 ( Alok Singh ) vkd Judge 2