NARENDRA KUMAR VYAS
Rajesh Kumar Kurrey S/o Shri Vashudev Kurrey – Appellant
Versus
State of Chhattisgarh Through Police Station City Kotwali Bemetara – Respondent
ORDER :
Narendra Kumar Vyas, J.
1. The applicant has filed this Criminal Revision under Sections Section 397 & 401 of the Code of Criminal Procedure against the order dated 16-10-2018 (Annexure A/1) passed by the learned Additional Sessions Judge, Bemetara, District Bemetara (CG) in Sessions Trial No 28 of 2018 by which the learned trial Court has framed charges against the applicant under Sections 376, 506(B) and 323 of IPC.
2. Brief facts as reflected from the record are that the complainant/victim lodged a report on 14.09.2017 before the Police Station Bemetara, District Bemetara on the basis of which FIR was registered as crime No. 551/2017 for commission of offence under Sections 376, 506(B) and 323 of IPC mainly alleging that she is a student of MA First year and applicant is a resident of village Udka and posted as Constable at the relevant time. They had come in contact through one Kamal Bhaghel, started talking on telephone and later on it developed into love relationship and accordingly they used to meet oftenly. The applicant has taken her to lodge at Bemetara where he has made physical relationship with her and when she used to talk about their marriage he started avoiding
Amit Kapoor vs. Ramesh Chander & Another
State of Orissa vs. Dabendra Nath Padhi
The court emphasized that the determination of consent in sexual offenses must be established through trial evidence, not at the charge framing stage.
The central legal point established in the judgment is the requirement of unequivocal voluntary agreement in the victim's consent, the absence of fear or misconception, and the impact of the promise ....
The court established that consensual relationships, even if based on promises of marriage, do not amount to rape unless there is clear evidence of deception or coercion, and the standard for proceed....
The High Court's decision to discharge the accused based on delay in lodging the FIR was found to be erroneous and not in line with legal principles. The trial court was directed to proceed with the ....
The main legal point established in the judgment is that the Court must carefully consider the sufficiency of grounds to proceed with the trial and interpret the consent of the victim in light of leg....
The court established that consensual sexual relations between adults, even under the pretense of marriage, do not constitute rape unless there is evidence of coercion or deceit in obtaining consent.
The court upheld the presumption of abetment of suicide under Section 113-A of the Evidence Act, affirming sufficient grounds for framing charges of cruelty and abetment against the petitioners.
The court ruled that at the charge framing stage, strong suspicion suffices to proceed against the accused, prioritizing witness testimonies and circumstantial evidence over the need for conclusive p....
Manipulative consent under false promises constitutes grounds for rape charges, while mere disappointment in a relationship does not equate to criminal intimidation.
The court emphasized the need for a prima facie case to be made out against the accused while framing charges, and the importance of considering the broad probabilities of the case and the total effe....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.