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TIRTHANKAR GHOSH
Ainul Haque – Appellant
Versus
State Of West Bengal – Respondent
JUDGMENT
Tirthankar Ghosh, J. - The present revisional application has been preferred challenging the proceedings arising out of Burdwan Women Police Station Case No. 147 of 2019 dated 13.05.2019 as well as the charge-sheet submitted in connection with the said case under Sections 376/417/323/506/34 of the Indian Penal Code.
2. The present petitioners approached this Court pursuant to the charge-sheet being submitted before the jurisdictional court being the learned Chief Judicial Magistrate, Purba Bardhaman. The allegations made in the letter of complaint which has been treated to be the FIR in the instant case is to the effect that the complainant is aged about 40 years. She is a resident of Muchipara, Central Park, Baronilpur, Uttarpara, P.S. Burdwan. She stated, that her husband for the purposes of his job was staying at Jharkhand and taking this opportunity on or about October 2017 one Ainul Haque, petitioner no.1 herein started coming to her home regularly. The said accused represented that he liked and loved her and promised to marry her; with such representation the accused had physical relationship with her and with passage of time both of them developed a relationship. The
A false promise to marry, given in bad faith and with no intention of being adhered to at the time it was given, can vitiate the consent of a woman to a sexual act under Section 375 IPC, but only if ....
The main legal point established in the judgment is the requirement for active understanding and reasoned deliberation for consent, the distinction between a false promise given in bad faith and a br....
Consent given for sexual intercourse based on a promise of marriage may not be considered a consent obtained on a misconception of fact, and the need for voluntary participation and active understand....
In order to establish whether the 'consent' was vitiated by a 'misconception of fact' arising out of a promise to marry, two propositions must be established. The promise of marriage must have been a....
The main legal point established in the judgment is the requirement for voluntary and informed consent, as well as the careful examination of circumstances in cases involving allegations of enticemen....
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