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MOHAN LAL
Sahil Kumar – Appellant
Versus
UT of J&K – Respondent
JUDGMENT :
MOHAN LAL, J.
1. Applicant in terms of Section 439(1) Cr.P.C. seeks his release on bail on the grounds that he is lying in custody since January 2021 for the last more than 1 & ½ years in District Jail Kathua for commission of offence punishable under sections 376/420/201 IPC registered with Police Station (Women Cell) Kathua in a false and frivolous case; challan has been presented against applicant in the court of learned Sessions Judge, Kathua on 06.02.2021 which was transferred to the court of learned Additional Sessions Judge, Kathua; on 05.03.2021, charges have been framed against applicant by the court of learned Additional Sessions Judge, Kathua; on 29.03.2021, the statement of Respondent No. 2 (prosecutrix) was recorded in the court of Additional Sessions Judge, Kathua wherein, she has stated that she was deeply in love with the applicant since 2016, she and applicant promised to marry each other and their relationship started in the year 2016; applicant was 17 years of age when he first met Respondent No. 2 through social media platform “Facebook” on 12.03.2016; marriage between the applicant and Respondent No. 2 was fixed in the year 2020 by the family members o
Point of Law : In view of the settled position of the law as discussed above, applicant/accused has carved out a strong case of anticipatory bail in his favor. The anticipatory bail granted to applic....
The main legal point established in the judgment is the importance of the victim's statement under Section 164 Cr.P.C., the distinction between rape and consensual sex based on false promises, and th....
The main legal point established in the judgment is the interpretation of consent and promise of marriage in cases of sexual assault under the SC/ST Act and IPC.
Point of law: A woman’s body is not a man’s plaything and he cannot take advantage of it in order to satisfy his lust and desires by fooling a woman into consenting to sexual intercourse simply becau....
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....
Point of Law : Petitioner allegedly transmitted the obscene photographs of the prosecutrix to the prosecutrix’s brother bringing him prima facie withing the domain of Section 67 of the IT Act, 2020, ....
The court emphasized the difference between consent given with full knowledge and consent given under a misconception of fact. It held that consent given under a misconception of fact would not be co....
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