1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1109 OF 2009 Khemchand Parasram Kuche ..... Applicant. V/s The State of Maharashtra ...... Respondent Mr. V. H. Wagh for the applicant Mr. D.P. Adsule, APP for the State. CORAM : V.M. KANADE, J. DATE : 18th March, 2009 P.C:- 1. Heard the learned Counsel appearing for the applicant and the learned APP for the State. 2. Applicant has been arrested in connection with the offence punishable funder sections 376, 420 of the Indian Penal Code. Prosecutrix, admittedly, is of 22 years of age. Applicant and the prosecutrix were having an affair. It is alleged that the applicant had promised to marry the prosecutrix and on account of the said promise, she gave her consent to have physical relations with the applicant. It is alleged that, later on, he refused to marry her and, therefore, this complaint is filed. 3. Mere promise to marry cannot be the ground for giving consent to have physical relations. It is apparent that the prosecutirx had given her consent for the said physical relations between the applicant 2 and the prosecutrix. Prima facie, therefore, offence under section 376 and 470 is not attracted. 4. Applicant, therefore, be released on bail in C.R. No.I-245 of 2008 in the sum of Rs 5000/- with one or two sureties in the like amount. Applicant shall report to the concerned Police Station twice in a month. 5 Trial Court shall not be influenced by any observations made by this Court while passing this order granting bail to the applicant as these observations are prima facie in nature. Trial Court shall decide the case on its own merits and in accordance with law. 6. Application is disposed of. (V.M. KANADE, J.)