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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Sujit Narayan Prasad, Pradeep Kumar Srivastava
Anil Kumar Mehta – Appellant
Versus
State of Jharkhand – Respondent
| Table of Content |
|---|
| 1. overview of the case and allegations. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. arguments on behalf of the appellant. (Para 8 , 9 , 10 , 11 , 12 , 13) |
| 3. arguments on behalf of the respondent-state. (Para 15 , 16 , 17) |
| 4. court's analysis of the case facts. (Para 19 , 20) |
| 5. discussion on legal definitions and implications. (Para 21 , 22 , 23 , 24 , 25 , 26) |
| 6. legal precedents relevant to consent. (Para 27 , 28 , 29 , 30 , 31) |
| 7. conclusions regarding the nature of the relationship. (Para 35 , 36 , 37 , 38 , 39 , 40 , 41 , 42 , 43 , 44) |
| 8. final decision and order of the court. (Para 46 , 47 , 48 , 49) |
JUDGMENT :
Sujit Narayan Prasad, J
I.A. No. 2197 of 2025:
1. The instant interlocutory application has been filed under Section 430(1) of Bhartiya Nagarik Suraksha Sanhita, 2023 on behalf of appellant for suspension of sentence dated 31.07.2024 passed in S.T. Case No. 45 of 2022 by the learned Additional Sessions Judge-I- cum-FTC for Rape Cases, Hazaribagh in connection with Ichak P.S. Case No. 76 of 2021, whereby and whereunder, the appellant has been convicted and sentenced to undergo rigorous imprisonment for twelve years along with fine of Rs.30,000/- for the offence punishable un
Prolonged consensual relationships mitigate claims of rape based on a false promise of marriage, requiring distinct evidence of deception regarding consent.
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 undermine claims of rape under false promises, indicating that consent may not be vitiated by misconception of fact.
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.
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....
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