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M. W. CHANDWANI
Gaurav S/o Ravi Wankhede – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
M.W. CHANDWANI, J.
1. Rule. Rule made returnable forthwith. Heard finally with the consent of the learned Counsel for the parties.
2. The application seeks quashing of Sessions Case No. 569/2019 arising out of First Information Report (F.I.R.) No. 213/2019 registered with Police Station Beltarodi, District Nagpur for the offence punishable under Sections 376(2)(n) and 417 of the Indian Penal Code (I.P.C. for short).
3. The facts, which give rise to the present application, can be culled out as under:
The main legal point established in the judgment is the requirement for adequate evidence to show that the accused had no intention to marry the victim from the beginning, and the application of guid....
The court ruled that consensual relations do not constitute an offence under IPC, emphasizing that mere breach of promise does not equate to a false promise of marriage.
Prolonged consensual relationships cannot be criminalized for alleging false promises of marriage; consent under mistaken beliefs must be properly substantiated.
The distinction between consensual sexual relations and those arising from deception is critical in determining the applicability of sexual offence laws, emphasizing that consent must be informed and....
Consent obtained under false promise to marry could be a consent based on misconception of fact, and such consent would not excuse the offender.
(1) Accused can be convicted for rape only if court reaches conclusion that intention of accused was mala fide and that he had clandestine motives.(2) Discharge from criminal case – While dealing wit....
The central legal point established in the judgment is the interpretation of consent under Section 375 IPC and the distinction between a false promise of marriage and breach of promise, emphasizing t....
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