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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, GAUTAM KUMAR CHOUDHARY
Rahul Singh @ Rahul Kumar – Appellant
Versus
State of Jharkhand – Respondent
| Table of Content |
|---|
| 1. application for sentence suspension. (Para 1) |
| 2. allegations of rape and conviction details. (Para 2 , 3 , 4 , 5 , 6 , 7) |
| 3. request for suspension of sentence. (Para 8) |
| 4. delay in fir and defense arguments. (Para 9 , 10 , 11 , 12) |
| 5. prosecution's arguments for conviction. (Para 13 , 14 , 15 , 16 , 17) |
| 6. court's analysis of relationships and consent. (Para 18 , 19 , 20 , 21 , 22 , 23) |
| 7. legal definitions of consent in rape. (Para 24 , 25 , 26 , 27 , 28) |
| 8. conditions for false promise in consent. (Para 29 , 30 , 31) |
| 9. assessment of liability based on promises. (Para 32 , 33 , 34 , 35) |
| 10. victim’s understanding and agency. (Para 36 , 37 , 38 , 39) |
| 11. questioning reliability of victim’s claims. (Para 40 , 41 , 42 , 43 , 44) |
| 12. importance of context in legal decisions. (Para 45 , 46) |
| 13. court's decision to suspend sentence. (Para 47 , 48 , 49 , 50 , 51) |
JUDGMENT :
1. The instant interlocutory application has been filed under Section 430 (1) of the BNSS , 2023 for keeping the sentence in abeyance in connection with the judgment of conviction dated 13.12.2024 and order of sentence dated 16.12.2024 passed by the learned Additional Sessions Judge-II, F.T.C. (C.A.W), Bermo at
Consent for sexual relations is not valid if obtained through deceit regarding marriage, requiring clear evidence of non-consensual elements, especially considering the duration of the relationship.
Prolonged consensual relationships mitigate claims of rape based on a false promise of marriage, requiring distinct evidence of deception regarding consent.
Consensual relationships cannot be classified as rape simply due to a breach of promise to marry; criminal liability requires clear evidence of bad faith or deceit by 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.
(1) Exercise of inherent jurisdiction – High Court does not have to go in detail by way of minute examination about correctness or otherwise of facts alleged – Court has to examine the same by taking....
A breach of promise to marry does not constitute rape unless it can be proven that the promise was made with intent to deceive from the outset.
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