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B. V. L. N. CHAKRAVARTHI
Pamarthi Chaitanyeswar Ganesh – Appellant
Versus
State of Andhra Pradesh – Respondent
ORDER
The Criminal Petition is filed by the petitioner/Accused, under Section 482 of Code of Criminal Procedure, 1973 (hereinafter referred to as ‘Cr.P.C.) to quash the P.R.C.No.38/2022 on the file of Judicial Magistrate of First Class, Special Mobile Court, Vizianagaram.
2. The case of the petitioner is that he was shown as accused in P.R.C.No.38/2022 on the file of Judicial Magistrate of First Class, Special Mobile Court, Vizianagaram, for the offence under sections 376, 417, 420 and 354 (D) of Indian Penal Code, 1860 (hereinafter referred to as ‘I.P.C.’).
3. The 2nd respondent presented a report to Women Police Station, Vizianagaram, on 20.06.2022 alleging that the 2nd respondent was studying Post Graduation course in Medicine at Nellimerla. The petitioner was senior to the 2nd respondent. He was after the 2nd respondent stating that he loves and intend to marry her. In July 2021, the 2nd respondent went to the flat of the accused located in Sathwik Apartments. At that time, the accused sexually assaulted her on the pretext of marriage. Thereafter he continued the promise to marry her. Subsequently, he had been to his parents at Vijayawada. Later, he was not taking the phone call
Rape, cheating and stalking – Criminal case cannot be quashed when there are serious factual disputes.
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.
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.
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.
A breach of promise to marry does not constitute rape unless it can be proven that the promise was made with intent to deceive from the outset.
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