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TIRTHANKAR GHOSH
Atanu Kumar Dey – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Tirthankar Ghosh, J.
1. The present revisional application has been preferred challenging the continuance of the proceedings arising out of Rabindra Sarobar Police Station Case no. 160/19 dated 29.07.2019 in connection with CG.R. Case no. 2682 of 2019 pending before the learned Additional Sessions Judge, Fast Track Court, no.6, Alipore under Section 376/417/313/506 of the Indian Penal Code wherein charge-sheet has been submitted under Section 376/417/506 of the Indian Penal Code.
2. The case was initiated on the basis of a complaint lodged by Paulami Majumdar (hereinafter referred to as the ‘complainant’) with the Officer-in-charge, Rabindra Sarobar Police Station. The complainant introduced her as a resident of South Breeze Residency, Saraswati Apartment, 2nd Floor, 15/3/16 Jheel Road, Kolkata – 700031. She lodged the complaint against Atanu Kumar Dey, a resident of South End Park, Pailan (Newmans Park, near South End Park Club) Kolkata – 700104. She alleged that she was in a relationship with the accused/petitioner for two years and knew him from his previous office ‘Webskitters Technology Solutions Pvt. Ltd.” from May, 2015. During such period they had physical relations
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 of marriage does not constitute rape if the accused had no intention to deceive at the time of the promise.
Prolonged consensual relationships undermine claims of rape under false promises, indicating that consent may not be vitiated by misconception of fact.
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....
Consensual sexual relationships do not constitute rape even if they are based on a promise of marriage that was not fulfilled, unless there is evidence of fraudulent intent.
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