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B. P. DESHPANDE
Clinton Fernandes – Appellant
Versus
State of Goa – Respondent
JUDGMENT/ORDER
1. Heard Mr. Raikar, learned Counsel for the applicant and Mr. Pravin Faldesai, learned Additional Public Prosecutor for the respondent Nos.1 and 2.
2. Even though the notice was issued to the victim, none appeared for her. Mr. Faldessai points out that the victim is present. A reply is filed on behalf of respondent No.3 which is dtd. 05/12/2023 thereby opposing the present proceedings.
3. The challenge in the present petition is to the order passed by the learned Sessions Judge dtd. 25/08/2023 by which the application for discharge filed by the applicant /accused was rejected and at the same time directed to frame charge against the applicant/accused for the offence punishable under Sec. 376, 313 and 201 of IPC.
4. Admit. Heard learned Counsel for final disposal at the admission stage itself with consent.
5. Mr. Raikar appearing for the applicant would submit that from the charge sheet and statement of the victim recorded under Ss. 161 and 164 of CrPC, it is amply clear that ingredients of Sec. 376 of IPC are not made out. He submits that relationship between applicant and the victim was consensual and there was no promise to marry with intention to defraud the victi
Prolonged consensual relationships undermine claims of rape under false promises, indicating that consent may not be vitiated by misconception of fact.
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 validity of consent in cases involving a false promise to marry and the application of Section 90 of IPC to determine the impact of a false promise on consent.
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 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 ....
Consent given under a misconception of fact does not constitute valid consent; a prolonged consensual relationship negates claims of forceful sexual relations.
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....
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