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POONAM A. BAMBA
Mohd. Sadab Khan – Appellant
Versus
State Govt. Of NCT Of Delhi And Another – Respondent
JUDGMENT
Poonam A. Bamba, J. - This is an application under Section 438 Cr.P.C for grant of anticipatory bail moved on behalf of the petitioner in case FIR No. 475/2022 dated 13.07.2022, under Sections 376/506 IPC, PS Desh Bandhu Gupta (DBG) Road.
2.0 It is submitted that the petitioner is innocent and has been falsely implicated by the complainant. It is further submitted that the petitioner and the complainant/prosecutrix knew each other since 2019 being the employees of Jamia Milia Islamia University and were in consensual relationship; whatsapp chat exchanged between them clearly shows the relationship they shared.
2.1 It is also submitted that the petitioner as well as the respondent no. 2 were very well aware that both of them were already married and as such, there was no occasion for the petitioner to seek sexual favour from the respondent no. 2 on false promise of marriage. However, the respondent no. 2 started making unreasonable demands from the petitioner under the garb of their relationship; and ultimately on 13.04.2022, an agreement was executed between the petitioner and the respondent no. 2, according to which, the petitioner had to purchase a flat amounting to Rs. 6-6
A married person cannot induce another married person into a physical relationship on a false promise of marriage.
Consent in relationships involving married individuals can negate claims of sexual offense based on false promises of marriage, impacting the viability of prosecution under relevant laws.
The main legal point established in the judgment is that in cases involving serious allegations, the accused's conduct, including absconding and failure to join the investigation, can influence the c....
The main legal point established in the judgment is the importance of the victim's statement under Section 164 Cr.P.C., the distinction between rape and consensual sex based on false promises, and th....
The legal point established is that a false promise leading to sexual intercourse and breach of promise can constitute a prima facie case of kidnap, rape, and cheating under the Indian Penal Code.
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