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SWARANA KANTA SHARMA
Vikram Kathuriya – Appellant
Versus
State of NCT of Delhi – Respondent
JUDGMENT
Swarana Kanta Sharma, J.
1. The present application has been filed on behalf of the applicant for grant of anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 (`Cr.P.C.') in connection with FIR bearing number 411/2022 dated 20.08.2022 registered at Police Station Anand Vihar, Shahdara, Delhi under Sections 376/377/328/506 of the Indian Penal Code, 1860 (`IPC').
2. Briefly stated, the facts of the present case are that the present FIR was registered on the complaint of the complainant who had alleged that the present applicant Vikram Kathuria had established sexual relations with her on the false pretext of marriage. The complainant herself who had obtained a divorce from the Karkardooma Family Court, Delhi in 2016, had an intention to remarry and lead a new life. It was stated that she was introduced to Vikram Kathuria through a mutual friend named Charu, and upon meeting, Vikram had represented himself as a divorced man from a reputable family. The complainant had requested to see Vikram's divorce papers, which he first had claimed to have lost but had later shown. The complainant had explicitly told Vikram that her interest was in marrying him and sh
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....
Point of Law : In view of the settled position of the law as discussed above, applicant/accused has carved out a strong case of anticipatory bail in his favor. The anticipatory bail granted to applic....
A married person cannot induce another married person into a physical relationship on a false promise of marriage.
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....
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.
Consent for sexual relations given under a promise to marry does not automatically constitute rape; the intention behind the promise is crucial in determining consent.
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