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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
S.VISHWAJITH SHETTY
Mohan Lolu Khobrekar – Appellant
Versus
State Of Karnataka – Respondent
| Table of Content |
|---|
| 1. petitioners challenge rejection of discharge application. (Para 1 , 2 , 3) |
| 2. allegations of wrongful relationship and promised marriage. (Para 4 , 5 , 6) |
| 3. relation duration impacts sexual consent interpretation. (Para 7 , 10) |
| 4. clarification on consent and promises in sexual relationships. (Para 8 , 9) |
| 5. court quashes proceedings based on relationship context. (Para 11 , 12) |
ORDER :
S.VISHWAJITH SHETTY, J.
Petitioners – accused Nos.2 to 4 and 6 in Criminal Petition No.102674/2023 are before this Court with a prayer to set aside the order dated 22.11.2022 passed in S.C. No.21/2018 by the Court of Principal District and Sessions Judge, Uttara Kannada, Karwar District registered for offences punishable under Sections 143 , 147, 376, 417, 504, 506, 109 and 149 of IPC, wherein the application filed by the accused Nos.2 to 4 and 6 under Section 227 of Cr.P.C. seeking their discharge was dismissed. Whereas, petitioner – accused No.1 in W.P. No.105223/2023 is before this Court with a prayer to quash the entire proceedings in the aforesaid case i.e., S.C. No.21/2018 pending before the Court of Principal District and Sessions Judge, Uttara Kannada, Karwar District.
2. Heard t
The distinction between consensual relations and rape requires clear evidence of intent to deceive regarding marriage; mere failure to fulfill a promise does not constitute rape.
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.
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.
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.
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.
A consensual relationship, even under promise of marriage, may not constitute rape if consent is given freely without coercion.
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.
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