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A. BADHARUDEEN
Prabin Raj, S/o. Rajan – Appellant
Versus
Sub Inspector Of Police – Respondent
ORDER :
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure, with the following prayers:
(ii) direct the Judicial First Class Magistrate Court, Irinjalakuda to release the petitioner on bail on his surrender in L.P.R.No.50/2016.
Or
(iii) issue any appropriate order or directions as this Hon’ble Court deem fit on considering the facts and circumstances of the case.
2. Heard the learned counsel for the petitioner, the learned counsel for the defacto complainant and the learned Public Prosecutor in detail. Perused the relevant documents including Annexure-3 final report, which is under challenge.
3. This crime was registered alleging commission of offence punishable under Section 376 of the Indian Penal Code, by the accused, who is the petitioner herein.
4. The prosecution allegation herein is that the accused herein made relationship with the defacto complainant and offered to marry her. Thereafter, he reached the
Sexual intercourse under the promise of marriage can vitiate consent, establishing grounds for a charge of rape under Section 376 IPC.
Consent obtained under a misconception of fact, such as a promise of marriage, is not valid consent; this necessitates a trial to determine the nature of the consent.
The court established that consent obtained under a false promise of marriage does not automatically constitute rape without evidence of mala fide intent.
The court emphasized consensual relationships and the importance of intent in determining charges under IPC sections 376(2)(n) and 406.
Consensual relationship claims lead to quashing of rape charges when disputes are settled.
A consensual relationship does not constitute rape without deceitful intent regarding marriage promises.
Consent in sexual relationships negates allegations under Section 376(2)(n) IPC if established prior to any promise of marriage.
Forcible initial rape constitutes offence despite post-rape marriage promise, blackmail, and subsequent relations; prima facie case from prosecutrix solemn affirmation warrants trial, not quashing un....
The distinction between consensual relationships and rape must be clearly established, with the burden of proof resting on the prosecution to demonstrate lack of consent.
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