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IN THE HIGH COURT OF JHARKHAND AT RANCHI
NAVNEET KUMAR, J.
Kalu Singh, son of late Lakhan Singh – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
NAVNEET KUMAR, J.
This appeal is directed against the judgment of conviction dated 13.09.2007 and order of sentence dated 15.09.2007 passed in S.T. No. 150 of 2005 arising out of Nimdih P.S. Case No. 35 of 2005 corresponding to G.R. Case No. 486 of 2005 by the Court of learned Additional Sessions Judge, Fast Track Court-II at Seraikella whereby and where under the appellant has been convicted for the offence punishable under Section 376 IPC and has been sentenced to undergo R.I. for 7 years with a fine of Rs. 2000/- and a default sentence of 2 months S.I.
2. The prosecution case arose in the wake of the written report of the informant- Victim (P.W.3), whose statement was recorded by the Officer-In-Charge, Nimdih Police Station on 09.06.2005, which is as under:
The informant-victim is a tribal girl aged about 19 years, resident of Village Tenagadih P.S. Nimdih, District- Seraikella-Kharwsawan, who has alleged that the appellant Kalu Singh, resident of the same village had established sexual relation with the victim for the last two years from the date of lodging of the F.I.R. as a result of which she became pregnant. It is further the case of the prosecution that accused Kalu
Consent given under a misconception of fact does not constitute valid consent; a prolonged consensual relationship negates claims of forceful sexual relations.
Prolonged consensual relationships undermine claims of rape under false promises, indicating that consent may not be vitiated by misconception of fact.
Consent in sexual relationships must be scrutinized for deception linked to promises of marriage; a mere breach does not equate to coercion or rape.
The main legal point established in the judgment is that a false promise of marriage leading to sexual intercourse constitutes rape under Section 376 of the Indian Penal Code, and the validity of con....
Consent obtained under a false promise of marriage does not constitute rape if the accused had no intention to deceive at the time of the promise.
The validity of consent in cases involving a false promise to marry and the application of Section 90 of IPC to determine the impact of a false promise on consent.
Consent obtained under a false promise to marry does not constitute valid consent for sexual acts; the court must evaluate the intention behind the promise and the circumstances surrounding the conse....
Section 375 of IPC states that a man is said to commit rape if he has had any form of sexual intercourse without consent of a woman.
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