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TIRTHANKAR GHOSH
Debarshi Chakraborty @ Deborshi Chakraborty – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Tirthankar Ghosh, J.
The present revisional application has been preferred by the petitioner challenging the proceeding being G.R. Case No. 693 of 2020 arising out of Berhampore Women Police Station Case no. 17/2020 dated 29.02.2020 under Sections 417/376 of the Indian Penal Code wherein charge-sheet was submitted under the same Sections. The case/proceeding is pending before the learned Chief Judicial Magistrate, Murshidabad.
2. The background of the present case is that on the basis of a letter of complaint filed by one “X” with the O/C, Berhampore Women Police Station, against the present accused/petitioner namely, Debarshi Chakraborty the instant case was registered for investigation under Section 417/376 of the Indian Penal Code. The allegations made by the complainant “X” were to the effect that the accused/petitioner for a period of one year promised the complainant for marriage and had physical relationship with the complainant at their flat and also at different places. According to the complainant the relationship had the consent of both the families and after discussion amongst the families marriage was settled. The accused by way of promise to marry and apparent
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 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 distinction between a false promise to marry and a mere breach of promise, and the need for active and reasoned deliberation towards the proposed act to establish whether the consent was vitiated....
Consent obtained under a false promise of marriage is vitiated and does not constitute valid consent under Section 90 of IPC.
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