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SHAMPA DUTT (PAUL)
Santanu Bhattacharya – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Shampa Dutt (Paul), J.:
1. The present revision has been preferred praying for quashing of the proceeding in G.R Case No.3520 of 2017 arising out of Bongaon Police Station Case No.986/17 dated 11.10.2017 under Sections 493/376/323/506/34 of the Indian Penal Code, pending before the learned Additional Chief Judicial Magistrate, Bongaon.
2. The petitioner's case is that the opposite party no.2, Rinki Mitra lodged a complaint under Section 156(3) of the Code of Criminal Procedure before the Learned Additional Chief Judicial Magistrate, Bongaon and as per order the said complaint was treated as First Information Report and accordingly, Bongaon Police Station Case No.986/17 dated 11.10.2017 under Sections 493/376/323/506/34 of the Indian Penal Code has been started against the petitioner. It has been alleged in the said written complaint that the complainant is a divorcee and ten months ago she developed a relationship with the petitioner Santanu Bhattacharya and he promised to marry her and on that pretext they met each other intimately and during their relationship they had sexual intercourse on several occasions and they also started residing in a rented house. But subsequent
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....
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 that a false promise of marriage leading to sexual intercourse constitutes rape under Section 376 of the Indian Penal Code, and the validity of con....
Consent obtained under a false promise to marry does not constitute valid consent for sexual acts; the court must evaluate the intention behind the promise and the circumstances surrounding the conse....
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.
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