Back
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
M.NAGAPRASANNA
Chethan C.G. S/o Gangadhar – Appellant
Versus
State of Karnataka – Respondent
ORDER :
1. The petitioner is before this Court calling in question the proceedings in Spl.C.No.616/2021 registered for offences punishable under Sections 376, 328, 323, 417 of Indian Penal Code, 1860 and Sections 3(1)(r), 3(1)(s), 3(1)(w)(i)(ii), 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
2. Heard Sri.Mukunda P, learned counsel appearing for the petitioner, Sri.Vinay Mahadevaiah, learned HCGP appearing for respondent No.1, Sri.K.N.Pyrejan, learned counsel appearing for respondent No.2.
3. The second respondent is the complainant, the petitioner is the accused. A complaint comes to be registered by the complainant on 16.02.2021 alleging that the petitioner and the complainant were in a relationship for five years and the petitioner has had physical relationship in the year 2020 with the complainant on the pretext of marriage or on the promise of marriage. The breach of promise of marriage is said to have resulted in the registration of the crime. The police conduct investigation and file a charge sheet against the petitioner for the aforesaid offences. The filing of the charge sheet is what has driven the petitioner to this Court in the s
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.
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.
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.
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.
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.
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 ....
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
