Back
N. J. JAMADAR
Siddharth Narendra Banthia – Appellant
Versus
State of Maharashtra – Respondent
JUDGEMENT :
1. Rule. Rule made returnable forthwith and, with the consent of the counsels for the parties, heard finally.
This petition under Article 227 of the Constitution of India calls in question the legality, propriety and correctness of an order passed by the learned Additional Sessions Judge, Pune on 3rd September, 2021 on an application (Exhibit 20), in Sessions Case No. 188 of 2019 whereby the prayer of the petitioner to discharge him from the prosecution came to be rejected.
2. The background facts necessary for determination of this petition can be stated as under:
Consent induced by false representation can vitiate the sexual act, even if the prosecutrix knew the accused was married.
The central legal point established in the judgment is the requirement of unequivocal voluntary agreement in the victim's consent, the absence of fear or misconception, and the impact of the promise ....
Consent under Section 375 IPC can be vitiated by a false promise of marriage only if it is proven that such promise was made without any intention to fulfill it at the time of the promise.
The court established that consensual relationships, even if based on promises of marriage, do not amount to rape unless there is clear evidence of deception or coercion, and the standard for proceed....
Consent for physical relationships is valid if based on genuine intentions to marry, distinguishing false promises from breaches of promise.
The main legal point established in the judgment is that the Court must carefully consider the sufficiency of grounds to proceed with the trial and interpret the consent of the victim in light of leg....
The main legal point established is the requirement for a prima facie case and the judicial duty to weigh the evidence before framing charges, especially in cases involving false promise of marriage ....
The court determined that a consensual relationship based on a promise of marriage does not constitute rape unless there is clear evidence of deceit or misconception, leading to the discharge of the ....
The allegations of false promise to marriage and consensual relation do not constitute rape under relevant IPC sections, as insufficient grounds were identified to sustain the charges.
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
