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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Rajani Dubey
Animesh Pandey S/o Narendra Pandey – Appellant
Versus
State of Chhattisgarh, through the Station House Officer – Respondent
JUDGMENT :
Rajani Dubey, J.
1. This appeal is preferred under Section 374 (2) of the Code of Criminal Procedure, 1973 against the judgment of conviction and order of sentence dated 22.11.2022 passed by the learned Additional Sessions Judge (F.T.C.), Janjgir, District-Janjgir-Champa (C.G.) in ST No.68/2021 whereby the appellant has been convicted and sentenced as under:-
| Conviction | Sentence |
| U/S 376 (2) (n) of IPC | R.I. for 10 years and fine of Rs. 5000/- in default of payment of fine to undergo additional R.I. for 100 days. |
2. Brief facts of the case are that the accused/appellant acquainted with the prosecutrix (PW/7) whose age is 21 years, through facebook, about which the prosecutrix has informed to her mother and she along with her mother went to meet the accused/appellant near Bheema Talab (pond). Thereafter, families of both accused/appellant and prosecutrix decided to play matchmaker and set up the wedding but the family of appellant disagreed for the marriage of accused/appellant and the prosecutrix due to Nadi Dosha (Astrological incompatibility). Upon this the prosecutrix insisted that if the families are not agreeing then we must part ways. But the accused/appellant emotionally b
The court established that emotional manipulation does not negate consent in sexual relationships, emphasizing the distinction between false promises and genuine breaches of promise.
The central legal point established in the judgment is the importance of establishing the validity of consent and the relevance of a promise to marry in cases of sexual acts, as well as the consensua....
The court held that a long-term consensual relationship, even under a promise of marriage, does not constitute rape, and the merely subsequent breakup does not create criminal liability.
The main legal point established in the judgment is that a false promise of marriage leading to sexual intercourse constitutes rape under Section 376 of the Indian Penal Code, and the validity of con....
A false promise of marriage, given in bad faith and with no intention of being adhered to at the time it was given, would constitute a misconception of fact vitiating the woman's consent.
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