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M. NAGAPRASANNA
Sampras Anthony – Appellant
Versus
State of Karnataka – Respondent
ORDER
The petitioner is before this Court calling in question proceedings in C.C.No.34011 of 2024 pending before the XXX Additional Chief Metropolitan Magistrate, Bengaluru arising out of Crime No.306 of 2024 registered for offence punishable under Section 64 of the Bharatiya Nyaya Sanhita (‘BNS’), 2023 for rape.
2. Sans prolixity, the essential narrative is as follows:—
The petitioner and the 2nd respondent are drawn together in the labyrinth of modern social media, become acquainted through the virtual corridors of the dating application ‘Bumble’ and thereafter, nurtured their acquaintance for over years through the exchange of images and conversations upon the platform of Instagram. On the morning of 11-08-2024, the two resolve to meet in person. After partaking of a meal at a restaurant – Plan-B on BEL road, proceed to a hotel, an OYO Flagship hotel, where physical intimacy is alleged to have ensued. After the night, on the next day i.e., on 12-08-2024 the petitioner drops the complainant back to her apartment. On 13-08-2024, the following day, moved by certain physical discomfort, gets herself examined at Ramaiah hospital and comes to know that she is a victim of sexual assa
Rape – There is clear distinction between rape and consensual sex – Acknowledged consensual physical relationship between parties would not constitute offence under Section 376 IPC.
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 ....
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.
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.
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.
Consent in consensual relationships invalidates allegations of rape; merely non-fulfilling marriage promises does not constitute a crime when prior consent for sexual interactions is established.
Consent given under a misconception of fact does not constitute valid consent for rape; a distinction exists between a false promise of marriage and a breach of promise.
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