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SONI SHRIVASTAVA
Md. Saif Ali Ansari – Appellant
Versus
State of Bihar – Respondent
Soni Shrivastava, J.—Heard Mr. S.M. Ashraf, learned Senior counsel for the petitioner assisted by Mr. Shehan Ashraf, learned Advocate and Mr. Bhanu Pratap Singh, learned APP for the State.
2. Despite valid service of notice, none appears on behalf of opposite party no.2.
3. The present application has been filed for quashing of the order dated 17.11.2021 passed by the learned Additional Sessions Judge-I, Bhagalpur in S.Tr. No. 161 of 2021 (arising out of Jagdispur P.S. Case No.121 of 2019) whereby and whereunder the petition dated 26.10.2021 filed by the petitioner under Section 227 Cr.P.C. to discharge the petitioner under Section 376 of the Indian Penal Code (hereinafter referred to as IPC) has been rejected.
4. The brief facts leading to the impugned order emanates from an F.I.R bearing Jagdishpur P.S. Case No. 121 of 2019 dated 26.04.2019, registered under Section 341, 376, 379/34 of the IPC on the written statement of the informant Rabina Tabassum aged about 25 years, alleging inter alia that on the allurement and pretext of marriage, the informant was subjected to sexual exploitation by the petitioner for the last one year. The F.I.R further discloses that on 22.04.2019, on bein
A consensual relationship, even with the intent of marriage, does not constitute sexual assault under Section 376 IPC if there is no coercion or false representation.
The court determined that a consensual relationship based on a promise of marriage does not constitute rape unless there is clear evidence of deceit or misconception, leading to the discharge of the ....
(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....
Consent given under a false promise of marriage may vitiate the consent, but in this case, the court found that the physical relationship was consensual and not based on a false promise of marriage.
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 ....
The allegations of false promise to marriage and consensual relation do not constitute rape under relevant IPC sections, as insufficient grounds were identified to sustain the charges.
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