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IN THE HIGH COURT OF JUDICATURE AT PATNA
Chandra Shekhar Jha
Dr. Atul Shekhar, Son of Prakash Sahu – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
Chandra Shekhar Jha, J.
1. Heard learned counsel appearing on behalf of the parties.
2. The present application has been filed for quashing the order dated 09.10.2023 passed by learned Chief Judicial Magistrate, Muzaffarpur in connection with Ahiyarpur P.S. Case No. 774/2023, for the offences punishable under Sections 376 , 504, 506 of the INDIAN PENAL CODE .
3. Prosecution case in brief, as it appears from written statement of the Opposite Party no. 2, namely, Dr. Priya Kumari dated 21.06.2023, stating inter-alia, that she did her MBBS from P.M.C.H, Patna from 2014 to 2020 and during her stay in Patna, she came in contact with the petitioner (Dr. Atul Shekhar) and became friends and visited each other houses. Petitioner was also pursuing MBBS from S.K.M.C.H, Muzaffarpur and she being friend used to visit the petitioner off and on. On 06.09.2020, petitioner during his visit to his friend at Muzaffarpur visited her house also at 6:00 PM, and seeing nobody at her home petitioner forcefully established physical relation with her and on protest he threatened to kill if she disclosed it to anybody outside as he had contact with the criminals. Thereafter, petitioner made physical
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.
Consent under Section 375 cannot be considered valid if based on a false promise of marriage if the promise was not made with fraudulent intent from the outset. Subsequently, a prolonged consensual r....
Consent in sexual relationships must be genuinely understood; presenting false pretenses may constitute a misconception but requires clear malicious intent to amount to rape.
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.
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.
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