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RAJNESH OSWAL
Manoj Kumar – Appellant
Versus
Union Territory of J&K – Respondent
Order
Rajnesh Oswal, J.-The petitioner is facing trial in challan, titled, Union Territory of J&K vs. Manoj Kumar, arising out of FIR bearing No. 14/2018 dated 16.02.2018 for commission of offence under section 376 RPC pending before the 3rd Additional Sessions Judge, Jammu (hereinafter referred to as trial court) and through the medium of this application, the petitioner is seeking bail.
2. It is stated that the petitioner has been implicated as an accused in a false and frivolous case instituted by the complainant on the basis of a concocted and manipulated story and after lodging of the FIR pursuant to the directions of the Magistrate under section 156(3) Cr.P.C., the petitioner was arrested on 07.05.2018. It is further stated that till date only two prosecution witnesses have been examined and the petitioner had applied for grant of bail before the trial court but the same was rejected by the learned trial court vide order dated 07.08.2020. It is also stated that the petitioner came into contact with the prosecutrix/complainant through Face book some 9/10 years ago when the petitioner was 17 years old and the prosecutrix was 25 years and in this short span of time both of them
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....
Misconception of fact – Merely because physical relations were established on a promise to marry, it would not, by itself, amount to rape.
The presumption of innocence and the requirement of substantial evidence are critical in bail proceedings, particularly in cases involving serious allegations under the IPC and SC/ST Act.
When there is allegation that sexual relationships were made on the basis of false promise of marriage, then it has to be established that promise of marriage was a false promise, given in bad faith ....
A consensual relationship, even if based on a promise of marriage, does not constitute rape under Section 375 IPC unless it is proven that the promise was made in bad faith or with the intent to dece....
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