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DELHI HIGH COURT
SUBRAMONIUM PRASAD
Shailendra Kumar Yadav – Appellant
Versus
State – Respondent
| Table of Content |
|---|
| 1. background leading to the petition. (Para 1 , 2 , 3 , 4 , 5) |
| 2. arguments from the parties regarding the charges. (Para 6 , 7 , 8) |
| 3. analysis of charge framing principles. (Para 10 , 11 , 12 , 13) |
| 4. distinction of false promise and consent. (Para 14 , 15 , 16 , 18) |
| 5. conclusion to set aside the lower court's order. (Para 19 , 20) |
JUDGMENT
Subramonium Prasad, J. This petition under Sections 397/401 Cr.P.C. read with Section 482 Cr.P.C. has been filed for setting aside the Order dated 08.03.2021, passed by the learned Additional Sessions Judge/SFTC - 2 (Central), Tis Hazari Courts, Delhi, in Case No. 436/2020 arising out of FIR No. 319/2019 dated 10.11.2019 registered at P.S. Paharganj for offences under Section 376(2)(n) of the Indian Penal Code, 1860 (hereinafter, "IPC"), framing charges against the Petitioner for offences under Section 376(2)(n) IPC.
2. Facts, in brief, leading up to the instant petition are as follows:
a) It is stated that the Petitioner had extended a false promise of marriage to the prosecutrix on the basis of which he had sustained a physical relationship with her. The prosecutrix and the Petitioner were engaged, and the wedding was postpone
Consent for physical relationships is valid if based on genuine intentions to marry, distinguishing false promises from breaches of promise.
The main legal point established is the requirement for a prima facie case and the judicial duty to weigh the evidence before framing charges, especially in cases involving false promise of marriage ....
The main legal point established in the judgment is the distinction between false promise and breach of promise in cases involving consent under Section 375 IPC, emphasizing the requirement for an ac....
The distinction between a false promise to marry and a mere breach of promise, and the need for active and reasoned deliberation towards the proposed act to establish whether the consent was vitiated....
Section 375 of IPC states that a man is said to commit rape if he has had any form of sexual intercourse without consent of a woman.
Consent obtained under a false promise to marry does not constitute valid consent for sexual acts; the court must evaluate the intention behind the promise and the circumstances surrounding the conse....
The promise to marry cannot justify consent to sexual relations if proven false; each case's uniqueness must be examined to assess consent's legitimacy.
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