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M. S. SONAK, B. P. DESHPANDE
Mahendra Ladu Sawant – Appellant
Versus
State – Respondent
JUDGMENT/ORDER
BHARAT P.DESHPANDE, J. - Rule. The rule is made returnable forthwith. The matter is taken up for final disposal with the consent of the learned Counsel for the respective parties.
2. Heard Mr. A.D. Bhobe with Ms. A. Fernandes, Ms. S. Shaikh and Ms Ramona Prazeres, learned Counsel for the petitioner, Mr. Pravin Faldesssai, learned Additional Public Prosecutor for respondent Nos. 1 and 2 and Mr. S. Shetye h/f Mr. V. Amonkar, learned Counsel for respondent No.3.
3. The petitioner, who is an accused in FIR No.151/2018 lodged on 01/11/2018 for the offence punishable under Sec. 376, on a complaint made by respondent No.3, preferred the present petition under Sec. 482 of CrPC praying for quashing of such FIR.
4. Mr Bhobe learned Counsel for the petitioner submits that ingredients of Sec. 375 of IPC are not at all made out in the present matter since the complainant disclosed that she, along with the accused, were having a love relationship and were staying together. He would then submit that physical contact was not on the promise of marriage. Such physical contact was with the consent of respondent No.3, and only when she suspected another girl in the life of the petitioner sh
The distinction between a false promise to marry and a mere breach of promise, and the need for active and reasoned deliberation towards the proposed act to establish whether the consent was vitiated....
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.
Consent obtained through a false promise of marriage can vitiate consent under IPC, but mere breach of promise does not constitute rape; the context and intentions of both parties must be carefully e....
The main legal point established in the judgment is the distinction between false promise and breach of promise in cases involving consent under Section 375 IPC, emphasizing the requirement for an ac....
The promise to marry must be false from inception to constitute an offence under section 376 IPC; a consensual relationship over time does not amount to rape.
The central legal point established in the judgment is the importance of voluntary consent and the absence of deceit or false promises in determining the nature of a relationship and distinguishing b....
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.
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