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IN THE HIGH COURT OF ORISSA AT CUTTACK
R.K.PATTANAIK
Mahendra Pradhan – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. overview of the case and charges. (Para 1 , 2 , 3) |
| 2. petitioner's arguments against conviction. (Para 4 , 6 , 7) |
| 3. court's observation on consent and proof. (Para 8 , 9 , 10) |
| 4. court's analysis of abortion case. (Para 11) |
| 5. final judgment and conclusions. (Para 12 , 13) |
JUDGMENT :
1. Present revision under Section 401 read with Section 397 of the Code of Criminal Procedure, 1973 (hereinafter referred to as ‘the Cr.P.C.’) is at the behest of the petitioner challenging the impugned judgment dated 27th February, 2024 passed in connection with Criminal Appeal No. 07/15/84 of 2009-17 by the learned Additional Sessions Judge, Sonepur confirming the order of conviction and sentence directed in Sessions Case No. 33/10 of 2006 by a decision dated 4th March, 2009 of the learned Chief Judicial Magistrate-cum-Assistant Sessions Judge, Sonepur on the grounds inter alia that the same are contrary to law and hence, liable to be interfered with and set aside in the interest of justice.
3. Briefly stated, the prosecution case is that an F.I.R. was lodged in the year 2006 with an allegation of rape of the victim at the instance of the petitioner. Upon receiving such a report, Tarv
Consent obtained under threat does not equate to valid consent, and delayed reporting may undermine credibility of the prosecution's case.
The sole testimony of a victim in a rape case may suffice for conviction if deemed credible, despite inconsistencies and lack of corroborative evidence.
Consensual relationships under false pretenses of marriage do not equate to rape; absence of evidence supporting non-consent leads to acquittal.
A consensual relationship with a woman above 16 years does not constitute rape under IPC, particularly when no false promise of marriage is established.
The central legal point established in the judgment is that consent under fear or misconception is essential to establish the offence of rape, and the court's analysis of the victim's consent and act....
The court determined that a consensual relationship based on a promise of marriage does not constitute rape unless there is clear evidence of deceit or misconception, leading to the discharge of the ....
The judgment establishes that consent is a critical factor in cases of alleged rape, and the absence of evidence proving coercion or the victim's minority can lead to acquittal.
Rape and cheating – Moral indignation cannot take place of legal proof that cohabitation of parties was on the basis of a dishonest representation of appellant.
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