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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY
Arpan Barla – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
ANIL KUMAR CHOUDHARY, J.
1. Heard the parties.
2. This criminal miscellaneous petition has been filed invoking the jurisdiction of this Court under Section 482 of Cr.P.C. with the prayer to quash the order dated 21.06.2023 passed by the learned Chief Judicial Magistrate, Khunti in connection with Complaint Case No. 55 of 2023 whereby and where under, the learned Chief Judicial Magistrate, Khunti has taken cognizance of the offence punishable under Section 376 (2) (n)/420 of the Indian Penal Code. During the pendency of the case as the application under Section 227 of the Cr.P.C. was dismissed by the learned Additional Sessions Judge-I, Khunti vide order dated 10.12.2024 in S.T. Case No. 36 of 2024 hence, the additional prayer was also made by way of amendment of this criminal miscellaneous petition, to quash and set aside the order dated 10.12.2024 passed in the said S.T. Case No. 36 of 2024.
3. It is submitted by the learned Senior Advocate appearing for the petitioner that as yet charge has not been framed in S.T. Case No. 36 of 2024 and the trial is yet to begin.
4. The allegation against the petitioner is that consequent upon love developing between him and the prosecutri
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.
Section 375 of IPC states that a man is said to commit rape if he has had any form of sexual intercourse without consent of a woman.
The central legal point established in the judgment is the importance of voluntary consent and the absence of deceit or false promises in determining the nature of a relationship and distinguishing b....
Consensual sexual relationships do not constitute rape even if they are based on a promise of marriage that was not fulfilled, unless there is evidence of fraudulent intent.
A long-standing consensual relationship does not constitute rape unless there is evidence of coercion or deceit from the outset.
Consent obtained under a false promise of marriage does not constitute rape if the accused had no intention to deceive at the time of the promise.
Consent in consensual relationships invalidates allegations of rape; merely non-fulfilling marriage promises does not constitute a crime when prior consent for sexual interactions is established.
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