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V. R. K. KRUPA SAGAR
Palaparthi Rajiv Babu – Appellant
Versus
State Of Andhra Pradesh – Respondent
ORDER :
(V.R.K. Krupa Sagar, J.)
In this Criminal Revision Case filed by the accused under Sections 397 and 401 of Code of Criminal Procedure (Cr.P.C.) the petitioners impugn the order dated 27.02.2024 of learned V Additional District and Sessions Judge-cum-Special Court for trial of offences against women, West Godavari, Eluru. The said order was passed in Crl.M.P.No.242 of 2023 in S.C.No.41 of 2023. By the impugned order, the learned Additional Sessions Judge refused to discharge the accused for the offences alleged against them under Sections 376(2)(n), 417 and 506 I.P.C. Therefore, the present revision.
2. Sri Jakkamsetti Saraschandra Babu, the learned for revision petitioners and Sri Dheera Kanishk, the learned Special Assistant Public Prosecutor for respondent No.1/State submitted arguments. None appeared for respondent No.2/victim-cum-de facto complainant.
3. Respondent No.2 is a woman and completed her M.sc., B.Ed. and through APPSC she got employment and has been working as Assistant Social Welfare Officer. Thereafter she got married and that marriage ran into troubles and in the year 2021 she obtained divorce. While she was working at Narsapuram, petitioner No.1/A.1 was wo
Manipulative consent under false promises constitutes grounds for rape charges, while mere disappointment in a relationship does not equate to criminal intimidation.
Consent in sexual relationships must be evaluated in the context of the relationship's nature, and a mere allegation of a false promise of marriage does not suffice to establish a case of rape withou....
The central legal point established in the judgment is the requirement of unequivocal voluntary agreement in the victim's consent, the absence of fear or misconception, and the impact of the promise ....
The court determined that a consensual relationship based on a promise of marriage does not constitute rape unless there is clear evidence of deceit or misconception, leading to the discharge of the ....
The allegations of false promise to marriage and consensual relation do not constitute rape under relevant IPC sections, as insufficient grounds were identified to sustain the charges.
(1) Accused can be convicted for rape only if court reaches conclusion that intention of accused was mala fide and that he had clandestine motives.(2) Discharge from criminal case – While dealing wit....
The court established that consensual sexual relations between adults, even under the pretense of marriage, do not constitute rape unless there is evidence of coercion or deceit in obtaining consent.
Consent given under a false promise of marriage may vitiate the consent, but in this case, the court found that the physical relationship was consensual and not based on a false promise of marriage.
Consent obtained under a false promise to marry does not constitute valid consent for sexual acts; the court must evaluate the intention behind the promise and the circumstances surrounding the conse....
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