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A. BADHARUDEEN
Sujith – Appellant
Versus
State of Kerala – Respondent
ORDER (COMMON)
Crl.M.C.No.9538/2023, is one filed under Section 482 of the Code of Criminal Procedure (‘Cr.P.C.’ for short hereafter), by the petitioner/sole accused, to quash S.C.No.956/2018 on the files of the Special Court for trial of offence against women and children (Protection of Children from Sexual Offences Act (PoCSO Act), Ernakulam, arising out of Crime No.453/2017 of North Paravur Police Station, Ernakulam. Crl.M.C.No.9546/2024 also is at the instance of the same petitioner, where quashment of S.C.No.955/2018, arising out of Crime No.453/2017 of North Paravur Police Station, Ernakulam, sought for. Prayer in Crl.M.C.No.9561/2023 also is for quashment of C.P.No.37/2023 pending before the Judicial First Class Magistrate Court-I, North Paravur, arising out of the above same crime.
2. Heard the learned counsel for the petitioner and the learned Public Prosecutor in detail. Perused the prosecution records.
3. The prosecution case in S.C.No.955/2018 is that the accused, who was the driver of a Tempo Van used by the defacto complainant along with family for a tour programme to Kodaikanal, during the month of April, 2005, made intimacy with her through mobile phone and other me
Misconception of fact – If materials would show that relationship is purely consensual without element of misconception of fact, same is not rape.
Consent obtained under a false promise of marriage is vitiated and does not constitute valid consent under Section 90 of IPC.
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.
Consent under Section 375 cannot be considered valid if based on a false promise of marriage if the promise was not made with fraudulent intent from the outset. Subsequently, a prolonged consensual r....
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.
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