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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
Y.LAKSHMANA RAO
Dharnasi Ravindra, S/o. Late Rajarao – Appellant
Versus
State Of Andhra Pradesh, rep. by Its Public Prosecutor – Respondent
| Table of Content |
|---|
| 1. overview of the petition for bail. (Para 1 , 2) |
| 2. details of the relationship and allegations. (Para 3 , 4) |
| 3. status of the petitioner and investigation. (Para 5) |
| 4. pointing out supreme court precedents. (Para 6 , 7) |
| 5. legal interpretations regarding consent. (Para 8 , 9 , 10 , 11) |
| 6. clarifications on consent and misconceptions. (Para 12 , 13 , 14) |
| 7. court's observations based on precedents. (Para 15 , 16 , 17) |
| 8. final order granting bail with conditions. (Para 18) |
ORDER :
Y. LAKSHMANA RAO, J.
The Criminal Petition has been filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNS S ’), seeking to enlarge the Petitioner/Accused No.1 on bail in Crime No.113 of 2025 of Prathipadu Police Station, Guntur District, registered against the Petitioner/Accused No.1 herein for the offences punishable under Sections 69 , 74, 78(1)(i), 351(2) and 79 read with 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for brevity ‘the Act’).
2. Heard the learned counsel for the Petitioner, the learned Assistant Public Prosecutor and the learned Legal Aid Counsel for Respondent No.2 Perused the record.
3. As seen from the record, the petitioner is age
Consent given under a false promise to marry must be proven as knowingly false from the outset for an accusation of rape to succeed; consensual relationships later turning sour do not invoke criminal....
Misconception of fact – Merely because physical relations were established on a promise to marry, it would not, by itself, amount to rape.
A breach of promise to marry does not constitute rape unless it can be proven that the promise was made with intent to deceive from the outset.
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.
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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