ORDER S.L. Kochar, J. Shri S.M. Sanyal, learned counsel for the applicant. Shri M. Soni, learned Dy. G.A. for the State. They are heard. This is an application for grant of bail made u/s 439, Criminal Procedure Code in connection with Cr. No. 112/04 for the offences under sections 376, 323 and 506, Indian Penal Code. In biref, the prosecution case against the applicant is that the applicant was serving as a Constable at Bherugarh Jail, where the prosecutrix was confined in some criminal case as under-trial prisoner. The applicant induced the prosecutrix for marriage and developed relations (love-affairs) with her. He also financially helped the prosecutrix for getting her released on bail and had sexual intercourse with the prosecutrix. Thereafter, the applicant was transferred from Bherugarh to Jhabua Jail and on her telephone message he called the prosecutrix at Jhabua and kept her in his quarter. They also moved at various places (villages and towns) and continued sexual relations between them. The prosecutrix permitted the applicant to have sexual intercourse because he promised her to marry with her, but one fine morning, when she reached at his original residential place, she found that the applicant was a married person having two children and the applicant refused to marry with the prosecutrix and also assaulted her. He also threatened the prosecutrix, if she would lodge the report at the police Station against him. Thereafter, the prosecutrix lodged the report at the Police Station. Upon her report, she was medically examined and in the medical report, the doctor found some injuries on her person. The police registered the offences under sections 376, 323 and 506 of the Indian Penal Code against the applicant. Learned counsel for the applicant, relying on the judgments passed by the Nagpur High Court in Motiram Krishnarao and others vs. State of M.P., 1955 NU 61 : AIR 1955 Nag 121 and Calcutta High Court in Abhoy Pradhan Vs. State of West Bengal, submitted that if the consent was obtained by cheating or by extending false promise for committing sexual intercourse, that would not fall within the ambit of the offence of rape. Both these judgments are not applicable in the facts and circumstances of the present case. State of West Bengal, submitted that if the consent was obtained by cheating or by extending false promise for committing sexual intercourse, that would not fall within the ambit of the offence of rape. Both these judgments are not applicable in the facts and circumstances of the present case. First of all, both were passed by the High Court after conviction when the appellant preferred the appeal and secondly, in both the cases, the appellant/accused persons were not the public servants. For the purpose of commission of sexual intercourse by Supdt. of jail, remand-home or other place of custody where the woman is kept and officer and the person holding any other office in such jail, remand-home, place or institution committed sexual intercourse by virtue of which he can exercise any authority or control over his inmates the specific offence would be u/s 376C Indian Penal Code. In the present case, the applicant was a constable serving in the jail where the prosecutrix was confined for some offence. He developed relations with the prosecutrix when she was inside the jail and after taking advantage of his official position, induced her and seduced her for sexual intercourse. Therefore, apart from the offence registered by the police which will be the matter of trial to consider by the trial Court other specific offence punishable u/s 376C of the Indian Penal Code would also be prima facie made out against the appellant and this section has been inserted in the Indian Penal Code by way of Amendment Act No. 43 of 1983. In this view of the matter, no case is made out for releasing the applicant on bail. Therefore, this application is hereby dismissed. Copy of this order be sent to the court below. CC in seven days, as per rules. Final Result : Dismissed