Back
IN THE HIGH COURT AT CALCUTTA
CHAITALI CHATTERJEE DAS
Rafi @ Rafiuddin Mia & Mian – Appellant
Versus
State Of West Beng – Respondent
JUDGMENT :
CHAITALI CHATTERJEE DAS, J.
1. This appeal is filed against an judgement and order dated January 29, 2014 and January 30th,2014 passed by Additional Session Judge, Fast Track Court at Kandi, Murshidabad in Session trial no. 1 (January) 2012 whereby the appellant was held guilty of the offence punishable under Section 376 of the Indian Penal Code and sentenced to imprisonment for 7 years. The appellant was further directed to pay a fine of Rs.20, 000 in default to suffer R.I. for one year six months for the offence punishable under Section 376 of the Indian Penal Code.
Brief fact
2. A complaint was lodged on January1, 2006 by the de-facto complainant/mother alleging that since last 6/7 months the appellant co- habited with her daughter with a promise to marry her without their knowledge and she has been impregnated of 5 to 6 months. After knowing the fact the de-facto complainant and her family members requested the appellant to marry her but he and his men and agent refused such proposal of marriage. Accordingly the complaint was lodged.
3. On the basis of such complaint Burwan P.S. Case was registered under Section 376 of the Indian Penal Code and on completion of the inves
Prolonged consensual relationships undermine claims of rape under false promises, indicating that consent may not be vitiated by misconception of fact.
Criminal Law - Charge of Rape - Conviction Upheld - Age of Prosecutrix - Victim was at her tender age when she met the appellant on her way to school. There is no evidence at all that they were in de....
Consent given under a misconception of fact does not constitute valid consent; a prolonged consensual relationship negates claims of forceful sexual relations.
Consent in sexual relationships must be scrutinized for deception linked to promises of marriage; a mere breach does not equate to coercion or rape.
Consent for sexual intercourse must be voluntary and not procured through a misconception of fact, as established under Section 375 and Section 90 of the Indian Penal Code.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
