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SUNDER MOHAN
Ameen Batcha – Appellant
Versus
State Rep. by its, Inspector of Police – Respondent
JUDGMENT
This Criminal Appeal has been filed by the sole accused, challenging the conviction and sentence imposed upon him, vide judgment dated 09.12.2022 in S.C.No.23 of 2021, on the file of the learned Sessions Judge, Magalir Neethimandram, Fast Track Mahila Court, Villupuram.
2. (i) It is the case of the prosecution that the victim aged about 24 years at the time of the occurrence had a love affair with the appellant who was aged 26 years, for a period of six years before the occurrence; that the victim told the appellant that since they belonged to different religions, it is not possible to get married; that appellant threatened the victim stating that if she did not marry him, he would commit suicide; and that on the promise of marriage, had sexual intercourse with the victim in her house on 17.06.2018 at about 1.30 p.m., and again on 21.06.2018 at about 12.15 p.m.
(ii) On the complaint [Ex.P1] given by the victim on 18.07.2020, a case was registered against the appellant for the offences under Sections 417, 376, 294(b) and 352 of the IPC by the Sub Inspector of Police [PW14]. The FIR was marked as Ex.P10.
(iii) PW15, the Inspector of Police, took up the investigation and afte
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 misconception of fact does not constitute valid consent; a prolonged consensual relationship negates claims of forceful sexual relations.
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....
Consensual relationships cannot be classified as rape simply due to a breach of promise to marry; criminal liability requires clear evidence of bad faith or deceit by the accused.
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.
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.
Rape – Misconception of fact – There is distinction between rape and consensual intercourse – Accused is not liable for offence of rape if victim has wilfully agreed to maintain sexual relations – Th....
The court established that consensual sexual relationships do not constitute rape under Section 376 of the IPC unless there is clear evidence of deceit or lack of consent, emphasizing the importance ....
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