Back
MAHENDAR KUMAR GOYAL
Rishabh Nagar – Appellant
Versus
State of Rajasthan – Respondent
ORDER
1. This application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with F.I.R. No.68/2021 registered at Police Station Mahila Thana, District Baran for the offence under Section(s) 376, 376(1) and 376(2)(n) of IPC.
2. Learned counsel for the petitioner submits that from the FIR, no offence under Section 376 is made out inasmuch as the petitioner aged 24 years and the prosecutrix aged 28 years, a teacher/choreographer, were in relationship for more than last four years. He submits that as per the allegation in the FIR, on the assurance extended by the petitioner to marry her, consensual sex took place between them. He submits that the FIR is bereft of any allegation that from very inception, promise of marriage was false. Relying on the judgments of the Hon'ble Apex Court of India incases of Criminal Appeal No.1165/2019 (@SLP (Crl.) No.2712/2019): Pramod Suryabhan Panwar Vs. The State of Maharashtra & Anr., decided on 21.08.2019 and Criminal Appeal No.233/2021 (Arising our of SLP (Crl.) No.11218/2019): Sonu @ Subhash Kumar Vs. State of Uttar Pradesh & Anr., decided on 01.03.2021, learned counsel submitted that since no case is made o
A promise of marriage does not constitute rape if the relationship was consensual and there is no evidence of a false promise from the beginning.
The main legal point established in the judgment is that in cases involving serious allegations, the accused's conduct, including absconding and failure to join the investigation, can influence the c....
Anticipatory bail can be granted despite serious allegations if investigation is complete and there is no indication of misuse of prior protection granted by the court.
Consent in relationships involving married individuals can negate claims of sexual offense based on false promises of marriage, impacting the viability of prosecution under relevant laws.
The court found that a consensual relationship does not automatically lead to criminal liability under allegations of sexual exploitation.
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
