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AJAY KUMAR GUPTA
Bhabatosh Biswas – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Ajay Kumar Gupta, J.
1. This instant revisional application has been filed by the petitioner/accused under Section 401 read with Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of the Charge Sheet being Charge Sheet No. 15/2014 dated 31st January, 2014 in connection with Karimpur Police Station Case No. 186/2013 dated 22/11/2013 submitted under Sections 417/376 of the Indian Penal Code, 1860 against the petitioner/accused.
2. The factual matrix of the instant case is that on or about 22/11/2013 the opposite party no. 2 herein lodged a complaint with the Karimpur Police Station against the petitioner alleging, inter alia, therein that the petitioner induced the opposite party no. 2 believing that he will marry her after securing a job and based on such assurance, petitioner from time to time cohabited with the opposite party no. 2 at different places.
2a. It is further alleged that the petitioner, taking advantage of innocence of the opposite party no. 2, cohabited on the pretext of false promise of marriage. Accordingly, the petitioner has committed an offence of cheating and cohabitation with the opposite party no. 2 as a result, a Karimpur Police Stat
Rape and cheating – Moral indignation cannot take place of legal proof that cohabitation of parties was on the basis of a dishonest representation of appellant.
Allegations of unwilling cohabitation and refusal to solemnize a marriage constitute cheating under IPC, despite existing marital ties, necessitating trial evaluation rather than dismissal at the pre....
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 in sexual relationships must be genuinely understood; presenting false pretenses may constitute a misconception but requires clear malicious intent to amount to rape.
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.
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.
Consent obtained through a false promise of marriage negates its validity, establishing grounds for rape under Sections 375 and 376(2)(n) IPC.
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