( 1 ) THIS application under Section 439 Cr. P. C. has been made for bail by the accused, who is involved in an offence under Section 376 IPC. The counsel for the accused has drawn my attention to the statement of the prosecutrix, aged 22 years, wherein she stated that she had accompanied the accused of her own consent and had bought pakoras and eggs for Rs. 22/- given by the accused from the shop and then accompanied the accused to second floor of the house. It is stated by the counsel that this shows that the prosecutrix was a consenting party. ( 2 ) THE prosecutrix was told by the accused that he would arrange an interview for her job and would take her for interview. She was called by the accused by giving a call on her mobile phone to meet at a particular point, so that he could take her for interview. On the way, he told her that it was very hot and he would take some rest and water and on this pretext he took her to a lonely room. He also asked the girl to bring pakoras and eggs from the shop nearby. She did inquire as to why she had been brought to that room and she was told that since it was very hot and accused would take some rest and then take her to interview thereafter, she was forcibly raped. Keeping in view the statement of the prosecutrix, the counsel argued that since the girl had herself accompanied the accused and brought pakoras and eggs from the shop clearly shows her consent for sexual intercourse. ( 3 ) I am surprised at the arguments advanced by the counsel. I wonder in which era, we are living. Today, we are living in 21st Century, where girls and boys mix with each other reposing faith in each other. If a girl with her consent accompanied somebody for taking drink or eating pakoras / eggs that does not mean that she had given her consent for intercourse with her or that she can be subjected to forcible intercourse. While, in the present case, the situation is more than worse. The accused had called her on the pretext of taking her on interview and thereafter exploited her this situation, took her to room on a false pretext and then raped her.
While, in the present case, the situation is more than worse. The accused had called her on the pretext of taking her on interview and thereafter exploited her this situation, took her to room on a false pretext and then raped her. ( 4 ) I find no ground to release the accused on bail. The application is hereby dismissed. .