Back
IN THE HIGH COURT OF ORISSA AT CUTTACK
S.K.PANIGRAHI
Bapun @ Mrunmaya Sahoo – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. background of the case and charges (Para 1 , 2 , 3 , 4) |
| 2. arguments against allegations and legal precedents (Para 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 15) |
| 3. court's analysis of the charges (Para 19 , 20 , 21) |
| 4. conclusion and order of the court (Para 22 , 23 , 24) |
JUDGMENT :
S.K. PANIGRAHI, J.
1. In this CRLREV, the Petitioner challenges the order dated 16.05.2022 passed by the learned Judge, Special Court under S.C. & ST (PA) Act- cum- Additional Sessions Judge, Angul in C.T. (Special) Case No.01 of 2021 rejecting his petition under Section 227 of the Cr.P.C. for discharging him from the alleged offences under Sections 417 / 376(2)(n) of the I.P.C. and Sections 3 (1)(w)/3(2)(v) of the S.C. & S.T. (PA) Act while discharging him from the offence under Section 493 of the I.P.C.
I. FACTUAL MATRIX OF THE CASE
2. Brief fact of the case is that the Petitioner has a shop where Xerox facility is available besides sale of clothes and chappals and the victim was a customer. Four months prior to lodging of the FIR i.e. 06.11.2020, the Petitioner allegedly called over her phone and expressed his love with a promise to marry her and take her away. In the process of repeated p
The allegations of false promise to marriage and consensual relation do not constitute rape under relevant IPC sections, as insufficient grounds were identified to sustain the charges.
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 ....
Consent in sexual relationships must be evaluated in the context of the relationship's nature, and a mere allegation of a false promise of marriage does not suffice to establish a case of rape withou....
The main legal point established is the requirement for a prima facie case and the judicial duty to weigh the evidence before framing charges, especially in cases involving false promise of marriage ....
A consensual relationship, even with the intent of marriage, does not constitute sexual assault under Section 376 IPC if there is no coercion or false representation.
(1) Accused can be convicted for rape only if court reaches conclusion that intention of accused was mala fide and that he had clandestine motives.(2) Discharge from criminal case – While dealing wit....
Rape, cheating and stalking – Criminal case cannot be quashed when there are serious factual disputes.
The main legal point established in the judgment is the distinction between false promise and breach of promise in cases involving consent under Section 375 IPC, emphasizing the requirement for an ac....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
