IN THE HIGH COURT OF DELHI AT NEW DELHI
Manoj Kumar Ohri
Ashok – Appellant
Versus
State (NCT Of Delhi) – Respondent
| Table of Content |
|---|
| 1. background of the prosecution's case. (Para 1 , 2 , 3) |
| 2. arguments regarding reliability of witness testimony. (Para 4 , 5) |
| 3. defence arguments and witness testimonies. (Para 6 , 10 , 12) |
| 4. conditions for establishing consent vs. coercion. (Para 14 , 15) |
| 5. judicial reasoning and application of legal principles. (Para 17 , 18) |
| 6. final judgment and order of acquittal. (Para 19 , 20) |
JUDGMENT :
1. The appellant stands convicted in the proceedings arising out of FIR No. 316/2011 registered under Sections 376 /506 IPC at P.S Vivek Vihar. Sessions Court, vide judgment dated 08.11.2016, convicted the appellant for offences punishable under Sections 376 /420 IPC. Vide order on sentence dated 07.12.2016, the appellant was sentenced to undergo RI for 7 years along with fine of Rs.50,000/-, in default whereof he would undergo 6 months RI, for the offence punishable under Section 376 IPC. He was further sentenced to 5 years RI along with fine of Rs.50,000/-, in default whereof he would undergo 6 months RI, for the offence punishable under Section 420 IPC. All the sentences were directed to run concurrently and benefit under Section 428 Cr.P.C. was extended to the appellant.
2.
Pramod Suryabhan Pawar Vs. State of Maharastra
Deepak Gulati Vs. State of Haryana
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 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 established that emotional manipulation does not negate consent in sexual relationships, emphasizing the distinction between false promises and genuine breaches of promise.
Rape – Misconception of fact – There is distinction between rape and consensual intercourse – Accused is not liable for offence of rape if victim has wilfully agreed to maintain sexual relations – Th....
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