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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
NARESH KUMAR CHANDRAVANSHI
Rupesh Kumar Puri S/o Sonadhar Puri – Appellant
Versus
State Of Chhattisgarh Through Police Station – Respondent
| Table of Content |
|---|
| 1. conviction and sentence details (Para 1 , 2 , 3 , 4 , 5) |
| 2. arguments of the appellant and the prosecution (Para 6 , 7) |
| 3. victim's testimony and cross-examination findings (Para 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17) |
| 4. legal precedent on consensual relationships (Para 18 , 19 , 20) |
| 5. judgment conclusion and order (Para 21 , 22) |
JUDGMENT :
Naresh Kumar Chandravanshi, J.
1. This criminal appeal has been preferred against judgment of conviction and order of sentence dated 21.02.2022 passed by Additional Sessions Judge (FTC), Bastar at Jagdalpur in Session Case No.50/2020, whereby the appellant has been convicted and sentenced in the following manner:-
2. The case of the prosecution, in brief, is that victim/prosecutrix lodged a written complaint (Ex-P/1) in Police Station Bastar at Jagdalpur to the effect that she is resident of village Mongrapal and her marriage was fixed with a person from village Kusma (Kondagaon) on 28.5.2020, but on 27.5.2020, Rupesh Kumar Puri, R/o. Mongrapal took her to his house on the promise that he will marry her and in the night he had physical relation with her. Despite her refusal he continued to have physical relationship with her on t
Consent obtained under a false promise of marriage does not constitute rape if the relationship is consensual and longstanding, as established in relevant legal precedents.
Consensual relationships under false pretenses of marriage do not equate to rape; absence of evidence supporting non-consent leads to acquittal.
Consent given under a false promise of marriage is not considered valid consent, and the distinction between rape and consensual sex must be carefully examined based on the active and reasoned delibe....
Point of Law : Offence of Rape - Charge sheet quashed - The acknowledged consensual physical relationship between the parties would not constitute an offence under section 376 of the IPC.”
A long-standing consensual relationship does not constitute rape unless there is evidence of coercion or deceit from the outset.
Consent in sexual relationships must be genuinely understood; presenting false pretenses may constitute a misconception but requires clear malicious intent to amount to rape.
The court ruled that consensual sexual relations among first cousins, lacking fraudulent intent, do not constitute rape or cheating under the IPC.
Prolonged consensual relationships undermine claims of rape under false promises, indicating that consent may not be vitiated by misconception of fact.
The court emphasized that continuous consensual relationships should not lead to criminal charges of rape unless compelling evidence of deception is established, reflecting the need to distinguish be....
Rape – Mere assertion or claim on part of victim to have been impregnated by appellant without proper evidence in case of consenting parties to a sexual relationship cannot possibly indict a person.
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