ANANYA BANDYOPADHYAY
Biswanath Murmu – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT
Ananya Bandyopadhyay, J.—This appeal is preferred against judgment and order dated 12.07.2011 passed by the Learned Additional Sessions Judge, 2nd Court, Bankura in Sessions Trial No.11(3)2010 arising out of Sessions Case No.8(2)2010, thereby convicting the appellant for the offence punishable under Section 376 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for 7 years and to fine of Rs.1000/- and in default to suffer simple imprisonment for another 3 months.
2. The prosecution case precisely stated the victim lodged a written complaint at Chhatna P.S., inter alia, alleging the complainant and the appellant being romantically involved, had eloped. On an assurance of marriage the appellant and the complainant indulged in physical relationship several times at her house in the absence of her parents and thereafter the complainant became pregnant. The appellant insisted her to abort and refused to marry her and the complainant on the ninth month of her pregnancy lodged the complaint.
3. On completion of the investigation, charge-sheet was submitted on 22.07.2009 against the appellant under Sections 376/493/417 of the Indian Penal Code.
4. Charges w
Rape – Mere assertion or claim on part of victim to have been impregnated by appellant without proper evidence in case of consenting parties to a sexual relationship cannot possibly indict a person.
Rape – Romantic involvement resulting in child birth – Mere assertion or claim on part of victim to have been impregnated by appellant without proper evidence in case of consenting parties to sexual ....
Consent for sexual relations cannot be deemed invalid unless there is clear evidence of misrepresentation regarding the promise of marriage.
The main legal point established in the judgment is that a false promise of marriage leading to sexual intercourse constitutes rape under Section 376 of the Indian Penal Code, and the validity of con....
Criminal Law - Charge of Rape - Conviction Upheld - Age of Prosecutrix - Victim was at her tender age when she met the appellant on her way to school. There is no evidence at all that they were in de....
Prolonged consensual relationships undermine claims of rape under false promises, indicating that consent may not be vitiated by misconception of fact.
Consent given under a false promise of marriage is not considered valid consent, and the distinction between rape and consensual sex must be carefully examined based on the active and reasoned delibe....
Consent in sexual relationships must be scrutinized for deception linked to promises of marriage; a mere breach does not equate to coercion or rape.
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