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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
| Table of Content |
|---|
| 1. allegations of sexual misconduct and consent. (Para 2 , 3 , 4 , 5 , 6) |
| 2. arguments regarding consent and promise of marriage. (Para 7 , 8) |
| 3. witness testimonies and victim's account. (Para 9 , 10 , 11 , 12) |
| 4. victim's testimony strengthens the claim of non-consensual acts behind a guise of marriage. (Para 13 , 17) |
| 5. legal assessment of consent and false promise. (Para 18 , 19) |
| 6. evaluates intentions behind relationships citing previous judicial interpretations. (Para 20 , 21) |
| 7. judgment and order of appeal outcome. (Para 23 , 25 , 26) |
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 tr
Consent for sexual relations cannot be deemed invalid unless there is clear evidence of misrepresentation regarding the promise of marriage.
Criminal Law - Charge of Rape - Conviction Upheld - Age of Prosecutrix - Victim was at her tender age when she met the appellant on her way to school. There is no evidence at all that they were in de....
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.
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