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SANDEEP KUMAR
Pankaj Kumar Shrivastava – Appellant
Versus
State of Bihar – Respondent
Sandeep Kumar, J.—Heard learned Senior Counsel for the petitioner, learned counsel for the State and learned counsel appearing on behalf of the Informant.
2. Initially, the present case has been filed for quashing the F.I.R. and cognizance. During the pendency of the present application, the discharge application has been rejected vide order dated 15.07.2023 which is also under challenge by filing an interlocutory application (I.A. No. 1 of 2023).
3. The prosecution story as alleged by the Informant prosecutrix in her written complaint to the concerned police Station is that she was posted as ANM in Koilwar and she met with the petitioner posted as pharmacist at Bihiya, who later proposed the Prosecutrix in 2016 and further introduced her to his family too and assured to solemnize the marriage soon. It is further alleged that in 2017 Petitioner called the Prosecutrix stating that her mother was ill and when the she reached his house, the Petitioner forcefully established physical relation with the Prosecutrix and again assured the Petitioner for marriage. It is also alleged that the Petitioner made multiple physical relations on the pretext of marriage. It is further alleged that the
Prolonged consensual relationships cannot be criminalized for alleging false promises of marriage; consent under mistaken beliefs must be properly substantiated.
The court established that consent obtained under a false promise of marriage does not automatically constitute rape without evidence of mala fide intent.
Promise of marriage must be established as false from the outset to vitiate consent; refusal to marry after a consensual relationship does not constitute a crime under IPC.
A mere breach of promise to marry does not constitute an offence under IPC unless it is shown that the promise was made in bad faith with no intention to adhere to it.
(1) Accused can be convicted for rape only if court reaches conclusion that intention of accused was mala fide and that he had clandestine motives.(2) Discharge from criminal case – While dealing wit....
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