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IN THE HIGH COURT OF ORISSA AT CUTTACK
D.DASH, S.K.PANIGRAHI
Jagannath Bithalu – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. factual background of the case (Para 1 , 2 , 3) |
| 2. overview of trial court procedures (Para 4 , 5) |
| 3. defense arguments against conviction (Para 6 , 8) |
| 4. prosecution arguments supporting conviction (Para 9 , 10) |
| 5. court's review of evidence (Para 11 , 12) |
| 6. legal standards for consent in sexual relationships (Para 13 , 14 , 15) |
| 7. criteria for determining false promises in consent (Para 17 , 18) |
| 8. conclusion and order of the appeal (Para 19 , 20) |
JUDGMENT :
D.Dash, J.
The Appellant by filing this Appeal has assailed the judgment of conviction and order of sentence dated 11.08.2022 passed by the learned Presiding Officer, Special Court under the SC & ST (PoA) Act, Cuttack in Criminal Trial No.32 of 219 arising out of corresponding to Cuttack Sadar P.S. Case No.154 of 2019.
The Appellant (accused) thereunder has been convicted for commission of offence under section-376(2)(n) of the INDIAN PENAL CODE , 1860 (for short called as the IPC). Accordingly, the Appellant (accused) has been sentenced to undergo imprisonment for life and pay fine of Rs.50,000/- in default to undergo rigorous imprisonment for a period of six (6) months.
2. The prosecution case is that in the year,
Consent in sexual relationships must be scrutinized for deception linked to promises of marriage; a mere breach does not equate to coercion or rape.
Prolonged consensual relationships undermine claims of rape under false promises, indicating that consent may not be vitiated by misconception of fact.
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....
Consent given under a misconception of fact does not constitute valid consent; a prolonged consensual relationship negates claims of forceful sexual relations.
Rape - Conviction confirmed and Bail rejected - Accused who gave promise to prosecutrix to marry, did not have any intention to marry and prosecutrix gave consent for sexual intercourse on such an a....
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....
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 obtained under a false promise of marriage is vitiated and does not constitute valid consent under Section 90 of IPC.
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