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IN THE HIGH COURT OF JHARKHAND AT RANCHI
MR. JUSTICE NAVNEET KUMAR, J
Putul Bhuiyan, Son Of Chuttu Bhuiyan – Appellant
Versus
State Of Jharkhand – Respondent
JUDGMENT :
NAVNEET KUMAR, J.
Challenge in the appeal:
This appeal is directed against the judgment of conviction dated 13.09.2006 and order of sentence dated 15.09.2006 passed by the Court of Learned Additional Sessions Judge, (Fast Track Court-II) Saraikella –Kharsawan in S.T. Case No. 121 of 2003, arising out of Chandil P.S. Case No. 67 of 2003, corresponding to G.R Case No.301/2003 whereby and whereunder the appellant was convicted under sections 376 and 313 of IPC and sentenced to undergo R.I. for 7 years as well as, a fine of Rs.2,000/- separately for the both the offence under Section 376 and 313 of IPC. In default of payment of fine the convict was further sentenced to undergo six months simple imprisonment & both sentences were directed to run concurrently and the period undergone was directed to be set off.
Prosecution Story:
2. The prosecution story in brief is that the informant, the victim (name withheld to maintain confidentiality) herself was the resident of Choulibasa, P.S. Chandil, Dist. Seraikella-Kharsawan. She stated that she was the labourer and she was belonging to a very poor family. It was further case of the prosecution that the informant as well as, the accused
Prolonged consensual relationships undermine claims of rape under false promises, indicating that consent may not be vitiated by misconception of fact.
Consent given under a misconception of fact does not constitute valid consent; a prolonged consensual relationship negates claims of forceful sexual relations.
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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.
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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 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....
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