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RAJNESH OSWAL
Vikash Singh – Appellant
Versus
UT of J&K Through S. H. O. P/s Khour – Respondent
JUDGMENT :
1. Impugned in this petition is an FIR bearing No. 33/2021, dated 02.06.2021 under Section 376 IPC registered by respondent No. 1 at the instance of respondent No. 2.
2. The petitioner, who is serving in the Indian Air Force as Corporal and presently posted at 19WG, Guwahati since 07.03.2018, has stated in the petition that the respondent No. 2 met him in the year 2012 through a common friend once or twice and for the last 8 years, he has not seen respondent No. 2 even once, what to say of establishing physical relations with her. The petitioner has claimed that he has never ever tried to contact the respondent No. 2 telephonically as well for all along these 8 years, rather it is the respondent No. 2 who has been trying to establish contact with the petitioner by sending messages from her Mobile No. XXXXXXXXXX. Every time the petitioner blocked the phone number of respondent No. 2, she used to change her number and again start pursuing the petitioner and blackmail him by threatening to implicate him in a false rape case unless the petitioner accepted the demand of the respondent No. 2 for an amount of Rs. 1,00,00,000/-. The petitioner has annexed with the present petition
Consent obtained under false promises must be proven as deceitful for a rape charge to be valid.
The main legal point established in the judgment is the requirement to prove that the promise of marriage was false, given in bad faith, and with no intention of being adhered to at the time it was g....
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 ....
The promise to marry must be false from inception to constitute an offence under section 376 IPC; a consensual relationship over time does not amount to rape.
There is clear distinction between rape and consensual sex. If accused has not made promise with sole intention to seduce prosecutrix to indulge in sexual acts, such an act would not amount to rape.
Consent under fear or misconception and the immediate relevance of false promise to marry in establishing the vitiation of consent.
It is necessary to examine FIR, statement recorded under Section 161 and 164 of Cr.P.C. before Judicial Magistrate First Class to find out correct factual matrix of issue - Sum and substance of decis....
A mere breach of promise to marry does not constitute an offence under IPC unless it is shown that the promise was made in bad faith with no intention to adhere to it.
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