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IN THE HIGH COURT OF DELHI AT NEW DELHI
SWARANA KANTA SHARMA
Gautam Sharma – Appellant
Versus
Govt. of NCT, Delhi – Respondent
JUDGMENT
DR. SWARANA KANTA SHARMA, J
1. The petitioner has preferred this petition under Section 482 of the Code of Criminal Procedure, 1973 [hereafter 'Cr.P.C.'], praying for quashing of the FIR bearing no. 655/2020, registered on 15.10.2020, at Police Station Vasant Kunj South, Delhi for the commission of offence punishable under Section 376 /506 of the INDIAN PENAL CODE , 1860 [hereafter 'IPC'] and all consequential proceedings emanating therefrom.
FACTUAL BACKDROP
2. Brief facts of the case, as borne out from the complaint filed by the prosecutrix (respondent no. 2) are that, she was employed as a cabin crew member with SpiceJet Airlines between 2017 and October 2018, and subsequently with Vistara Airlines in Delhi till December 2019. She had first met the petitioner-accused, Gautam Sharma, a pilot, in March 2018 on a SpiceJet flight, following which he had contacted her through WhatsApp after obtaining her number from the company directory. As alleged, the accused had gradually gained her confidence, while concealing his marital status. In May 2018, the accused had arranged her stay at Radisson Blu Plaza Hotel, Mahipalpur, where on the night of 20.05.2018, he had allegedly spiked
The distinction between consensual relationships and sexual assault hinges on the evaluation of consent, with the court finding that the prosecutrix's informed participation negated allegations of ra....
There is clear distinction between rape and consensual sex. If accused has not made promise with sole intention to seduce prosecutrix to indulge in sexual acts, such an act would not amount to rape.
Consent in sexual relationships must be genuinely understood; presenting false pretenses may constitute a misconception but requires clear malicious intent to amount to rape.
Consent in consensual relationships invalidates allegations of rape; merely non-fulfilling marriage promises does not constitute a crime when prior consent for sexual interactions is established.
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