Back
IN THE HIGH COURT OF JUDICATURE AT PATNA
CHANDRA SHEKHAR JHA
Krishna Kumar @ Krishna Raja @ Raja Kumar S/o Umesh Kumar Singh – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
CHANDRA SHEKHAR JHA, J.
1. The present application has been filed by the petitioner for quashing of the order dated 31.03.2021 passed by learned Additional District and Sessions Judge-1st, Patna in Sessions Trial No. 399 of 2020, arising out of Patna Mahila P.S. Case No.131 of 2019, whereby the learned trial court has rejected the prayer of the petitioner to discharge him under Section 227 of the Code of Criminal Procedure (for short ‘Cr.P.C.’).
2. The prosecution story, in brief, based on the written complaint of one R.K. (name hidden) before Mahila Police Station, Gardanibagh, Patna, alleging therein that she is a constable in Patna District Police and residing near Goal Ghar, Shiv Mandir on rent. In the said house, one Kishna Raj @ Krishan Kumar was also a tenant next to the informant’s room. It is stated that after introduction and talk with each other, both informant and petitioner came close to each other. After sometime, petitioner proposed to the informant for their marriage, which was accepted by the informant. After 20-22 days, petitioner asked informant for physical relation, but same was denied before marriage. It is further alleged that petitioner assured the
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.
Consent in sexual offenses must be based on clear understanding; misconceptions or coercion can vitiate it, but the facts must support the allegations sufficiently to sustain charges.
Consensual sexual relationship is not rape.
A breach of promise to marry does not constitute a false promise under Section 376 IPC unless it is shown that the promise was made without intention to uphold it.
Prolonged consensual relationships cannot be criminalized for alleging false promises of marriage; consent under mistaken beliefs must be properly substantiated.
The main legal point established in the judgment is that the validity of consent in a relationship, particularly in cases involving promises of marriage, must involve active and reasoned deliberation....
The promise to marry must be false from inception to constitute an offence under section 376 IPC; a consensual relationship over time does not amount to rape.
The main legal point established is the requirement for a prima facie case and the judicial duty to weigh the evidence before framing charges, especially in cases involving false promise of marriage ....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
