Back
A. BADHARUDEEN
Ajith S/o. Unnikrishnan – Appellant
Versus
State of Kerala – Respondent
ORDER :
This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure, 1973 , to quash all further proceedings in S.C. No.921/2019 on the files of the Assistant Sessions Court, Ottappalam, arose out of Crime No.69 of 2019 of Koppam Police Station, Palakkad. The petitioner herein is the accused in the above case.
2. Heard the learned counsel for the petitioner and the learned Public Prosecutor, in detail. Also heard the learned counsel appearing for the defacto complainant/2 nd respondent. Perused the records and relevant materials available.
3. In a nutshell, the prosecution allegation is that, the petitioner herein, who made acquaintance with the defacto complainant, with promise of marriage, subjected the defacto complainant to rape in between the period from 30.05.2014 to 20.04.2019, on the promise of marriage. On this premise, the prosecution alleges commission of offence punishable under Section 376 of IPC .
4. While seeking quashment of the proceedings, the learned counsel for the petitioner would submit that the petitioner is innocent and the allegations a
In cases of alleged rape, a consensual relationship and significant delay in filing an FIR can undermine the prosecution's case, leading to quashment of proceedings.
The main legal point established in the judgment is the need to examine if a criminal proceeding is manifestly attended with mala fides and instituted maliciously with ulterior motives, and the circu....
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 cannot quash a case merely by holding the relationship as consensual without allowing the prosecution to adduce evidence, as the distinction between rape and consensual sex is a matter of e....
Consensual relationships between adults do not constitute rape, particularly if the complainant acts with full understanding of the relationship.
Consent obtained under a misconception of fact does not constitute valid consent under Section 90 IPC; a consensual relationship does not amount to rape.
The consensual nature of a long-term relationship between parties negates accusations of rape, even when one party claims a false promise of marriage. Consent cannot be construed as given under misco....
Misconception of fact – If materials would show that relationship is purely consensual without element of misconception of fact, same is not rape.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
