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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
M.NAGAPRASANNA
Chethan C.G. S/o Gangadhar – Appellant
Versus
State of Karnataka – Respondent
| Table of Content |
|---|
| 1. petitioner challenges legal proceedings initiated under ipc and sc/st act. (Para 1 , 2) |
| 2. allegations stem from consensual relationship and breach of promise. (Para 3 , 4 , 5) |
| 3. court analyzes consent and false promise in conjunction with various precedents. (Para 6 , 8) |
| 4. continuation of prosecution viewed as abuse of legal process due to consensual nature. (Para 9 , 10) |
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 rela
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.
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