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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY
Mahfuj Alam – Appellant
Versus
State Of Jharkhand – Respondent
| Table of Content |
|---|
| 1. allegations of forcible rape and cognizance taken. (Para 2 , 3 , 4 , 5) |
| 2. false promise cases need cautious distinction from consensual sex. (Para 6 , 7 , 8) |
| 3. deception to overcome resistance constitutes 376(2)(n) rape. (Para 9 , 10) |
| 4. malicious prosecution assessed post-trial, not pre-cognizance. (Para 11) |
| 5. deceitful promise during forcible rape remains rape offence. (Para 12) |
| 6. quashing petition dismissed without merits. (Para 13) |
JUDGMENT :
ANIL KUMAR CHOUDHARY, J.
Heard the parties.
2. Though, notice has validly been served upon the opposite party no.2 yet no one turns up on behalf of the opposite party no.2 in spite of repeated calls.
3. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure with the prayer to quash and set aside the entire criminal proceeding in connection with Gomia P.S. Case No.98 of 2023 corresponding to G.R. Case No.1315 of 2023 including the order dated 02.12.2024 passed by learned Judicial Magistrate, Bermo at Tenughat whereby and where under the learned Judicial Magistrate, Bermo at Tenughat has taken cognizance of the offences punishable under Sect
Deceitful marriage promise during forcible rape despite protest does not exclude rape offence; malicious prosecution claim not assessable at summoning stage but post-trial; quashing under CrPC Sectio....
In cases of consensual relationships, if no false promises of marriage were made and both parties were aware of each other's circumstances, allegations of rape may not stand under Section 376 IPC.
Forcible initial rape constitutes offence despite post-rape marriage promise, blackmail, and subsequent relations; prima facie case from prosecutrix solemn affirmation warrants trial, not quashing un....
Consent obtained under a misconception of fact does not constitute valid consent under Section 90 IPC; a consensual relationship does not amount to rape.
The court established that consent obtained under a false promise of marriage does not automatically constitute rape without evidence of mala fide intent.
Rape, cheating and stalking – Criminal case cannot be quashed when there are serious factual disputes.
It is necessary to examine FIR, statement recorded under Section 161 and 164 of Cr.P.C. before Judicial Magistrate First Class to find out correct factual matrix of issue - Sum and substance of decis....
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