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M. NAGAPRASANNA
SHIVADHANUSH T. G. @ BEERAPPA S/O SHRI GIRISH T. K. – Appellant
Versus
STATE OF KARNATAKA – Respondent
ORDER :
1. The petitioners are before this Court calling in question the crime registered in Crime No. 140 of 2023 and charge sheet bearing No. 13 of 2024 for offences punishable under Sections 376, 417 and 504 of the IPC.
2. Facts in brief, germane, are as follows:
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.
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.
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.
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 relationships cannot be classified as rape simply due to a breach of promise to marry; criminal liability requires clear evidence of bad faith or deceit by the accused.
Consent given under a misconception of fact does not constitute valid consent for rape; a distinction exists between a false promise of marriage and a breach of promise.
Consent in consensual relationships invalidates allegations of rape; merely non-fulfilling marriage promises does not constitute a crime when prior consent for sexual interactions is established.
The court established that consensual sexual relationships do not constitute rape under Section 376 of the IPC unless there is clear evidence of deceit or lack of consent, emphasizing the importance ....
An offence is punishable under Section 376 of IPC if offence of rape is established in terms of Section 375 which sets out ingredients of offence.
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