Back
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ASHWIN D.BHOBE
Raghav Rajesh Aggarwal – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
ASHWIN D. BHOBE, J.
1. Heard Mr. Faiz Merchant, learned Advocate for the Petitioner, Mr. Sukanta Karmakar, learned A.P.P. for the State/Respondent and Mr. Ali Kaashif Khan, learned Advocate for Respondent No. 2.
2. By this Petition, filed under Article 226 of the Constitution of India and Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNSS”), the Petitioner seeks to quash the FIR bearing No. 791 of 2024, registered by the Khar Police Station, Mumbai (“Impugned FIR”), as well as the charge sheet arising from the impugned FIR. The sections referred to in the charge sheet are Sections 69, 79, 351(2), and 352 of the Bhartiya Nyaya Sanhita, 2023 (the “BNS”), along with Sections 376(2)(n) & 377 of the Indian Penal Code, 1860 (“IPC”) and Sections 66(E) and 67(A) of the Information Technology Act, 2000.
3. The undisputed facts of the case are that Respondent No. 2, a 24 year old married woman (married on 19.03.2021), became acquainted with the Petitioner, aged 26, in Delhi while shopping at a garment exhibition. During their conversation, they got to know each other and exchanged mobile numbers. They started chatting and calling each other frequently. The Petitioner a
(1) Rape – Sexual intercourse on false promise of marriage – Mere fact that parties indulged in physical relations pursuant to a promise to marry will not amount to rape in every case.(2) Rape – Offe....
Consent in sexual relationships must be genuinely understood; presenting false pretenses may constitute a misconception but requires clear malicious intent to amount to rape.
There is clear distinction between rape and consensual sex. If accused has not made promise with sole intention to seduce prosecutrix to indulge in sexual acts, such an act would not amount to rape.
The distinction between consensual relationships and rape allegations is critical; failure to fulfill a marriage promise alone does not constitute rape absent of proof of bad faith or coercion.
The main legal point established in the judgment is the requirement to prove that the promise of marriage was false, given in bad faith, and with no intention of being adhered to at the time it was g....
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
