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SUBHASH CHAND
Rabindra Mahto @ Rabinder Mahto S/o Birsa Mahto – Appellant
Versus
State of Jharkhand – Respondent
ORDER :
1. This Criminal Revision has been preferred on behalf of the petitioner against the order dated 24.03.2022 passed by the learned AJC-XV-cum-FTC (CAW), Ranchi in Miscellaneous Criminal Application No. 405 of 2022 arising out of S.T. Case No. 111 of 2022, corresponding to Dhurwa P.S. Case No. 179 of 2021, whereby the discharge petition filed under Section 227 of the Code of Criminal Procedure has been rejected.
2. The learned counsel for the petitioner has submitted that from the allegations made in the FIR and the evidence collected by the Investigating Officer, no alleged offence is made out against the petitioner. The victim was major and widow lady. She was consenting party and much aware in regard to the consequences of establishing physical relation with any person. The consent was never obtained by playing any fraud for deceiving the victim.
3. Learned counsel for the State and learned counsel for the opposite party No. 2 vehemently opposed the contentions made by the learned counsel for the petitioner and contended that the prosecution case is well corroborated with the testimony of the victim and the alleged offence is made out against the petitioner at the stage of fr
The main legal point established in the judgment is that the Court must carefully consider the sufficiency of grounds to proceed with the trial and interpret the consent of the victim in light of leg....
The central legal point established in the judgment is the requirement of unequivocal voluntary agreement in the victim's consent, the absence of fear or misconception, and the impact of the promise ....
The court established that consensual relationships, even if based on promises of marriage, do not amount to rape unless there is clear evidence of deception or coercion, and the standard for proceed....
The distinction between consensual sexual relations and rape based on a breach of promise to marry was established, emphasizing that consent obtained under a misconception does not automatically inva....
Consent in sexual relationships must be free from coercion, and a promise to marry must be proven false from the outset to constitute a misconception of fact that vitiates consent under Section 375 o....
(1) Accused can be convicted for rape only if court reaches conclusion that intention of accused was mala fide and that he had clandestine motives.(2) Discharge from criminal case – While dealing wit....
The court determined that a consensual relationship based on a promise of marriage does not constitute rape unless there is clear evidence of deceit or misconception, leading to the discharge of the ....
Consent under Section 375 IPC can be vitiated by a false promise of marriage only if it is proven that such promise was made without any intention to fulfill it at the time of the promise.
The main legal point established is the requirement for a prima facie case and the judicial duty to weigh the evidence before framing charges, especially in cases involving false promise of marriage ....
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