VIKRAM NATH, SANDEEP MEHTA
Manish Yadav – Appellant
Versus
State Of Uttar Pradesh – Respondent
Based on the provided legal document, the key points are as follows:
The case involves a dispute over allegations of sexual offenses, including rape, under the Indian Penal Code and the SC/ST Act (!) .
The appellant, Manish Yadav, is accused of engaging in physical relations with the complainant, who is a major woman working at a Diagnostic Centre, after meeting her on social media (!) (!) .
The complainant admitted that she trusted the appellant and had feelings for him, despite her reservations about engaging in physical relations. She also acknowledged that their initial relationship was consensual and not based on any false promise of marriage (!) (!) .
The prosecution alleged that the appellant forced himself on the complainant multiple times and made a false promise of marriage to induce her into sexual acts. However, the court found that there was no sufficient evidence to establish that the appellant had no intention of marrying her from the outset or that he made a false promise with fraudulent intent (!) (!) (!) .
The court emphasized that consent given by the complainant was voluntary and not under misconception of fact, particularly noting that her act of declining marriage proposal indicates that the appellant did not breach any promise or mislead her under false pretenses (!) (!) (!) .
The court also observed that there was no evidence of caste-based abuse or malignment by the appellant, and the allegations under the SC/ST Act were not substantiated (!) .
Ultimately, the court concluded that the relationship was consensual between two adults and that the case was a souring of a consensual relationship rather than an act of coercion or deception warranting criminal prosecution (!) (!) .
As a result, the order summoning the appellant and proceedings against him under the specified sections were quashed, and the appeal was allowed, indicating that the criminal proceedings were deemed an abuse of process of law (!) (!) .
The court highlighted that the prosecution failed to prove essential elements such as non-consent or false promise of marriage, and the evidence did not support the charges under the relevant statutes (!) (!) .
The case underscores that consensual sexual relations between adults, even if subsequent relationships turn sour, do not automatically constitute criminal offenses unless there is clear evidence of coercion, deception, or false promises made with fraudulent intent.
ORDER :
(Sandeep Mehta, J.)
1. Heard.
2. Leave granted.
3. The appellant through this appeal by special leave seeks to assail the order dated 30th August, 2024 passed by the High Court of Judicature at Allahabad,1[Hereinafter referred to as ‘High Court’], whereby, it partially allowed the Criminal Appeal No. 227/2024 preferred by the appellant, who had sought to question the legality and validity of the order dated 24th August, 2023 passed by learned Special Judge, SC/ST Act, Gazipur2[Hereinafter, referred to as ‘trial Court’], in Special Sessions Trial No. 760 of 2023, summoning the appellant and his father, Rajnath Yadav, to face trial for the offences punishable under Sections 376, 323, 504 and 506 of the Indian Penal Code, 18603[Hereinafter, referred to as, ‘IPC’] and Sections 3(1)(r), 3(1)(s), 3(2)(5a) and 3(2)(v) of the Scheduled Castes and the Schedules Tribes (Prevention of Atrocities) Act, 19894[Hereinafter referred to as ‘SC/ST Act’].
4. The High Court vide Impugned Order dated 30th August, 2024, had partly allowed the criminal appeal, by quashing the summoning order issued by the trial Court against the father of the appellant, namely, Rajnath Yadav and upholding the summonin
Rape – Consensual sexual intercourse between two adults is not rape.
Establishing criminal liability for rape based on a false promise of marriage requires evidence of original intent to deceive; an absence of such intent invalidates claims of rape under IPC.
Consensual sexual relationships do not constitute rape even if they are based on a promise of marriage that was not fulfilled, unless there is evidence of fraudulent intent.
Rape – Misconception of fact – There is distinction between rape and consensual intercourse – Accused is not liable for offence of rape if victim has wilfully agreed to maintain sexual relations – Th....
Rape - Conviction confirmed and Bail rejected - Accused who gave promise to prosecutrix to marry, did not have any intention to marry and prosecutrix gave consent for sexual intercourse on such an a....
Section 375 of IPC states that a man is said to commit rape if he has had any form of sexual intercourse without consent of a woman.
Consent obtained under a false promise of marriage does not constitute rape if the accused had no intention to deceive at the time of the promise.
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