Not possible for person to commit sexual intercourse in park without her consent--Shows that she eloped with accused of her own free will--Acquittal upheld

2010(1) LAW HERALD (P&H) 228 (DB)
IN THE HIGH COURT OF PUNJAB AND HARYANA
(DIVISION BENCH)
Before
The Hon’ble Mr. Justice K.S. Garewal
The Hon’ble Mr. Justice Nawab Singh
Crl. Misc.No. 394-MA of 2003
State of Haryana
v.
Shashi Kant alias Bam Bam alias Lambu
{Decided on 24/08/2009}
For the appellant-State: Mrs. Navin Malik, Addl. AG Haryana.
For the Respondent: Mr. Harkesh Manuja, Advocate.
Criminal Procedure Code, 1973, S.378(3)--Indian Penal Code, 1860, S.363 and 375--Rape--Acquittal--Age of prosecutrix could be between 16½ and 17½ on date of alleged first occurrence--Prosecutrix was known to accused--Both of them moved freely in public transport before being intercepted and she never made any grievance to anyone--Parents did not lodge complaint for 6 days particularly when there was suspicion that prosecutrix was allured by respondent--Also, it is not possible for person to commit sexual intercourse in park without her consent--Shows that she eloped with accused of her own free will--Acquittal upheld. (P.7 & 8)