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SUBHASH CHAND
Navin Kumar @ Navin Sahu – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
SUBHASH CHAND, J.
1. Heard learned counsel for the petitioner and learned Special P.P. for the State.
2. The present criminal revision has been preferred against the order dated 18th August, 2023 passed by the learned Additional Judicial Commissioner-XXI, Ranchi in Misc. Criminal Application No. 2402 of 2023, whereby the discharge petition under Section 227 of the Cr.P.C. filed by the petitioner has been rejected.
3. The brief facts leading to this criminal revision are that the informant-victim had given the written information with the police station concerned with these allegations that accused Navin Kumar came in her contact for the first time in August, 2018 in a birthday party near Radisson Blue Hotel, Ranchi. Thereafter, the said accused began to meet her. One day when she was alone at her house, he came to her house at New Alkapuri, Doranda and raped her. On her weeping he assured that he would marry her. After few days of that occurrence he took her on the pretext to introduce her to his mother in a street in front of Pantaloon, Dangratoli, where he also raped her. He also clicked her photographs. Many times he took her to his house and also told to his family membe
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 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 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 ....
(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....
Consent given under a false promise of marriage may vitiate the consent, but in this case, the court found that the physical relationship was consensual and not based on a false promise of marriage.
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 court emphasized that continuous consensual relationships should not lead to criminal charges of rape unless compelling evidence of deception is established, reflecting the need to distinguish be....
Consent in sexual relationships must be evaluated in the context of the relationship's nature, and a mere allegation of a false promise of marriage does not suffice to establish a case of rape withou....
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