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A. BADHARUDEEN
Stephin Raj – Appellant
Versus
State Of Kerala Represented By Public Prosecutor – Respondent
ORDER :
A. Badharudeen, J.
This Criminal Revision Petition has been filed under Sections 438 and 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023, challenging the order dated 03.10.2024 in Crl.M.P. No.248/2024 in S.C. No.440/2021 on the files of the Special Judge Fast Track Special Court, Mattannur. The revision petitioner herein is the accused in the above case.
2. Heard the learned counsel for the revision petitioner as well as the learned Public Prosecutor, in detail. Perused the impugned order and relevant materials available.
3. The prosecution allegation is that, the accused, who is a distant relative of the defacto complainant, with whom she had been very close since the year 2018, in the month of December 2018, while her mother was admitted to the hospital, frequently visited her home while she was alone and promised to marry her. Consequent to thereof, the accused had sexual intercourse with her. Thereafter, the accused told her to keep the incident secret, repeating promise of marriage. Later, he persuaded her to snap her explicit photographs and forwarded them to him. Believing the promise to marry her, the defacto complainant obliged his request. He further threatened he
Consent vitiated by deception negates the validity of consent in sexual offences, allowing for charges of rape to proceed.
Consent in consensual relationships cannot be construed as vitiated without evidence of intent to deceive or coerce.
The court established that the sufficiency of evidence is crucial for proceeding with a trial, and legislative ambiguities regarding discharge applications need clarification.
Manipulative consent under false promises constitutes grounds for rape charges, while mere disappointment in a relationship does not equate to criminal intimidation.
The court determined that a consensual relationship based on a promise of marriage does not constitute rape unless there is clear evidence of deceit or misconception, leading to the discharge of the ....
The main legal point established in the judgment is that the Court must carefully consider the sufficiency of grounds to proceed with the trial and interpret the consent of the victim in light of leg....
The central legal point established in the judgment is the requirement of unequivocal voluntary agreement in the victim's consent, the absence of fear or misconception, and the impact of the promise ....
Consent in sexual relationships must be unequivocal and voluntary; a long-term mutual relationship does not constitute grounds for charges of sexual offenses if there is no evidence of coercion or la....
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