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HIGH COURT OF DELHI
MS. JUSTICE NEENA BANSAL KRISHNA, J
ABHIJEET KUMAR – Appellant
Versus
THE STATE OF DELHI AND ANR – Respondent
| Table of Content |
|---|
| 1. custody since 30.05.2024 (Para 1) |
| 2. relationship details and allegations (Para 2) |
| 3. claims of false allegations (Para 3 , 5 , 6 , 7 , 8) |
| 4. investigation and charge-sheet (Para 4) |
| 5. responsibility of courts (Para 9) |
| 6. distinction between offences (Para 10) |
| 7. distinction emphasized (Para 11 , 12 , 13 , 14 , 15) |
| 8. bail granted with conditions (Para 16 , 17) |
JUDGMENT :
NEENA BANSAL KRISHNA, J.
1. The Bail Application under Section 483 of the Bhartiya Nagarik Surkasha Sanhita, 2023 (hereinafter referred to as 'B.N.S.S.’) read with Section 528 of B.N.S.S. (earlier known as 439 of the Code of Criminal Procedure, 1973 (‘Cr.P.C.’) read with Section 482 Cr.P.C.) has been filed on behalf of the Applicant for grant of Regular Bail in FIR No.526/2024 under Sections 376 /377/506/509/323 of the Indian Penal Code, 1860 (‘IPC’ hereinafter), registered at Police Station Samaypur Badli, Delhi.
2. It is stated in the Application that the Petitioner is in custody since 30.05.2024. It is submitted that the Complainant/Prosecutrix is a highly educated independent woman, aged around 24 years, open-minded and elder to the Applicant. The Applicant and the Complainant dated each other for quit
The court emphasized the distinction between consensual relationships and allegations of rape, ruling that mere allegations without evidence of coercion do not suffice for criminal proceedings.
Long-term consensual relationships cannot be criminalized as rape unless clear evidence of deceit or malicious intent is established.
Consent in relationships does not equate to rape unless proven that the promise of marriage was made with no intention to fulfill it; bail is the rule and imprisonment the exception.
Misconception of fact – Merely because physical relations were established on a promise to marry, it would not, by itself, amount to rape.
The legal position when a woman complains of sexual intercourse on a false promise of marriage requires active and reasoned deliberation for consent and a false promise given in bad faith with no int....
Consent given under a false promise to marry must be proven as knowingly false from the outset for an accusation of rape to succeed; consensual relationships later turning sour do not invoke criminal....
A consensual relationship should not automatically be interpreted as rape on the basis of a broken promise of marriage, emphasizing the need to consider context and intentions behind consent.
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