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CHAKRADHARI SHARAN SINGH, KHATIM REZA
Jitu Yadav @ Jitendra Kumar – Appellant
Versus
State of Bihar – Respondent
CHAKRADHARI SHARAN SINGH, J.:–The appellant has preferred this appeal under Section 374(2) of the Code of Criminal Procedure, 1973 (Cr.P.C. for brevity) challenging the judgment of conviction dated 08.02.2022 and the order of sentence dated 10.02.2022 passed by the learned Additional Sessions Judge-I, Bhagalpur, in Sessions Trial (GR) No. 131 of 2019, whereby the sole appellant has been convicted and sentenced as under:—
| Convicted under Sections | Sentence |
|
|
|
| Imprisonment | Fine (Rs.) | In default of fine |
| 376 of the Indian Penal Code | 12 years | 25,000/- | six months simple imprisonment |
| 3(w)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act | Rigorous Imprisonment for life | 25,000/- | six months simple imprisonment |
| 3(1)(w)(i) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act | Three years R.I. | 5,000/- | One month simple imprisonment |
2. The sentences have been ordered to run concurrently with set off under Section 428 of the Code of Criminal Procedure (Cr.P.C. for brevity) for the cu
Consent given under a misconception of fact does not constitute valid consent; a prolonged consensual relationship negates claims of forceful sexual relations.
Prolonged consensual relationships undermine claims of rape under false promises, indicating that consent may not be vitiated by misconception of fact.
Consent for sexual intercourse is vitiated by misconception of fact, but mutual consent in a relationship does not constitute rape without evidence of malicious intent.
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....
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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