Kumar Shreyaskar @ Kumar Shreyashkar vs State of Bihar

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Pat) 848

SATYAVRAT VERMA
Kumar Shreyaskar @ Kumar Shreyashkar – Appellant
Versus
State of Bihar – Respondent

Advocates appeared:
For the Petitioner:Mr. Shashank Chandra, Advocate
For the Opp. Parties : Mr. Chandra Bhushan Prasad, APP

ORDER

Heard the learned counsel for the petitioner and learned APP for the State, Mr. Chandra Bhushan Prasad.

2. The learned counsel for the petitioner submits that the present quashing application has been filed seeking quashing of the F.I.R. being Kankarbagh P.S. Case No. 872 of 2023 dated 21.08.2023 registered under Sections 376, 420 and 406 of the Indian Penal Code (hereinafter referred to as the “IPC’).

3. The learned counsel for the petitioner submits that the issue, which arises for consideration in the present case, is whether sexual intercourse with woman amounts to rape, if consent of the prosecutrix was obtained by a false promise of marriage within the meaning of Section 375 of the IPC, it is further submitted that obtaining consent for sexual intercourse on false promise of marriage is considered as misconception of fact within the meaning of Section 90 of the IPC, thus it is not considered as a valid consent in the eyes of law and hence the accused would be charged under Section 375 of the IPC, as second explanation of Section 375 of IPC provides punishment of rape if sexual intercourse is done without victim’s consent. It is, thus, submitted that the law is clear that e