Back
IN THE HIGH COURT OF JHARKHAND AT RANCHI
ARUN KUMAR RAI
Sunil Dhibar son of Late Durbadal Shyam Dhibar @ Chuttu Dhibar – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
1. Heard Mr. R.C.P. Sah, learned counsel appearing on behalf of the appellant and Mr. Prabir Kumar Chatterjee, learned Spl.P.P. for the State.
2. This appeal is directed against the judgment of conviction dated 25.01.2008 and the order of sentence dated 28.01.2008 passed by learned Additional Sessions Judge (F.T.C.) II, Seraikella in Sessions Trial Case No. 34 of 2004 arising out of Ichagarh P. S. Case No. 49 of 2002, corresponding to G. R. Case No. 764 of 2002 for the offence under Sections 376 and 493 of the INDIAN PENAL CODE to undergo R.I. for seven years and the period of detention undergone by the appellant as under trial shall be set off towards the period of the sentence.
3. In nutshell, the case of prosecution is based upon the written report of victim who stated therein that eight nine months back appellant’s sister who was friend of the victim came to the house of victim and took her to the house of appellant and after having interaction for some time she went somewhere leaving victim alone in the room and victim started waiting for her, in the meanwhile appellant came inside the room and bolted the door and started doing bad acts which was objected by victim but
Consent for sexual relations cannot be deemed invalid unless there is clear evidence of misrepresentation regarding the promise of marriage.
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....
Prolonged consensual relationships undermine claims of rape under false promises, indicating that consent may not be vitiated by misconception of fact.
Rape – Mere assertion or claim on part of victim to have been impregnated by appellant without proper evidence in case of consenting parties to a sexual relationship cannot possibly indict a person.
Rape – Romantic involvement resulting in child birth – Mere assertion or claim on part of victim to have been impregnated by appellant without proper evidence in case of consenting parties to sexual ....
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 in sexual relationships must be scrutinized for deception linked to promises of marriage; a mere breach does not equate to coercion or rape.
Consent in sexual relationships must be genuinely understood; presenting false pretenses may constitute a misconception but requires clear malicious intent to amount to rape.
Consent given under a false promise of marriage is not considered valid consent, and the distinction between rape and consensual sex must be carefully examined based on the active and reasoned delibe....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
