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A. S. GADKARI, NEELA GOKHALE
Adithya Krishnan – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
Neela Gokhale, J.
1. The Petitioner seeks to quash Special Case No. 441 of 2024 pending on the file of Special Sessions Court, Shivaji Nagar, Pune, arising out of FIR No. 135 of 2024 dated 8th February 2024 registered with Kondhwa Police Station, District-Pune for the offenses punishable under Sections 376(2)(n) & 420 read with 34 of the Indian Penal Code and Section 3(2)(5) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.
2. Facts of the case in brief are as under :
2.1. In the year 2022, while the Respondent No. 2 was working in a IT Company named Publicis, Mumbai, she became acquainted with the Petitioner as a co-worker. The relationship grew into friendship and thereafter he proposed marriage to her. The Petitioner also met the Respondent No. 2’s parents.
2.2. On 12th December 2022, the Petitioner’s parents had gone to Mumbai. The Petitioner repeatedly called the Respondent No. 2 to his house and on 14th December 2022, he took her to home and despite her resistance, established sexual relationship with her. It is alleged that, the Petitioner raped her. She had specifically and expressly refused to consent to the sexual relationship,
2.
Consent in sexual relationships must be unequivocal and voluntary; a false promise to marry vitiates consent, leading to potential criminal liability.
Consent in sexual relationships is vitiated by a false promise to marry, establishing grounds for prosecuting alleged offenses.
The distinction between consensual relations and rape lies in the perception and intention behind consent; the breach of a promise to marry does not equate to misconception if the relationship is con....
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.
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 under a misconception of fact does not constitute valid consent under Section 90 IPC; a consensual relationship does not amount to rape.
Establishing criminal liability for rape based on a false promise of marriage requires evidence of original intent to deceive; an absence of such intent invalidates claims of rape under IPC.
Rape, cheating and stalking – Criminal case cannot be quashed when there are serious factual disputes.
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