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TIRTHANKAR GHOSH
Sukanta Roy Chowdhury – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT
The present revisional application has been preferred challenging the continuance of the proceedings in S.C. case No. 48 of 2020 pending before the learned Additional Sessions Judge, Fast Track, 2nd Court, Hooghly, under Sections 417/376/406 of the Indian Penal Code arising out of Chinsurah Police Station Case No. 115 of 2019 dated 04.06.2019 including the order dated 25.03.2021 passed by the learned Sessions Court.
The order dated 25.03.2021 relate to the order of framing of charges against the present petitioner under Section 417/376/406 of the Indian Penal Code wherein the learned Trial Court read over the charges and the accused/petitioner in response pleaded not guilty and claimed to be tried.
Mr. Somopriyo Chowdhury, learned Advocate appearing for the accused/petitioner drew the attention of the Court to the First Information Report (along with the letter of complaint), charge-sheet and the statement of the victim under Section 164 of the Code of Criminal Procedure. It was submitted that the petitioner is aged about 46 years, divorced with a girl child aged about 12 years and the de facto complainant/lady is aged about 37 years with also a girl child of 12 years and her
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....
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 ....
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.
Consent given under a misconception of fact does not constitute valid consent; a prolonged consensual relationship negates claims of forceful sexual relations.
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